ABSTRACT
An egalitarian approach can entail two kinds of duties: the major one is the duty of policy-makers and lawmakers to create and implement tort rules that will have the desired equality effect. Egalitarian considerations emerge in a host of different settings that could be classified according to many criteria, such as the degree of intimacy between the interacting parties, the existence of a contractual relationship, the interest affected and the head of damages involved, and whether or not the defendant is a repeat player. Tort law and unjust enrichment law, by cutting deep into the profits, will hopefully reduce somewhat both the incentive to traffic and the extent of trafficking. A tort response that might reduce trafficking and that provides partial redress to the victims against the perpetrators reveals the humane, empowering, and practical nature of egalitarian tort law, its importance, and essentiality.
