ABSTRACT
This chapter describes the application of an egalitarian approach to tort theory. It explains the reasons for the inherent regressive bias of existing tort law, and explores the ways in which an egalitarian commitment can reshape tort law. The chapter presents a framework for balancing the dictates of egalitarianism with other competing goals of tort law. The principle of restitutio ad integrum is the cornerstone of tort compensation rules, and is by nature inimical to redistributive considerations because its purpose is to perpetuate the status quo. In evaluating the desirability of tort law as an institution, egalitarian analysis is one relevant factor that should be taken into account. Tort liability can be established based on one of two basic theories: fault-based liability and strict liability. Egalitarian analysis of tort rules is seldom easy. This is because of the multiplicity of participants and entitlements affected by any given rule.
