ABSTRACT
This chapter introduces the three concepts which form the theoretical framework, and explains the way they interrelate: distributive justice, egalitarian commitment and tort law. Tort law regulates involuntary interactions in private settings, when such interactions harm some, or all participants. It has to balance the interest in freedom of action of potential tortfeasors and the interest in security of potential victims. The basic structure of distributive justice, therefore, is comprised of: the participants in the distribution; the thing to be distributed; and the criterion/criteria for distribution. Issues of distributive justice are relevant to the distribution of entitlements between groups consisting of two participants or more. Distributive justice dispenses benefits and burdens among the participants in the distribution. The idea of using tort law in order to reduce inequality in society can be evaluated against the backdrop of the welfare state – both the ideal and the reality.
