Dignitary Torts

• Semester: Spring 2025
• Course ID: 396W
• Credit Hours: 3
• Unique: 29464

Description

The term “dignitary torts” is sometimes used to encompass defamation, invasion of privacy, and intentional infliction of emotional distress, and perhaps also certain instances of battery, assault, and false imprisonment. The label is meant to reflect that in these areas tort law protects not only against more concrete forms of injury and loss, but also against various infringements of individual dignity simply as such.

This course will be organized around two objectives. The first is to acquire a deeper understanding of the doctrinal structure and current state of development of the dignitary torts, with particular attention to defamation and invasion of privacy.

The second objective is to consider a puzzle posed by Kenneth Abraham and Edward White, who have observed: “The absence of a robustly-articulated conception of the interest in dignity that tort law protects is puzzling. Why have notions of dignity and dignitary torts been little more than labels, reflecting a value that has gone unanalyzed and undebated, despite its obvious and growing importance?” We will investigate the nature of the interest in dignity that tort law purportedly protects, and consider whether the concept of dignity is suited to serve as a point of reference for understanding the “dignitary torts” and guiding their future development.