Crime and Tort: Old Wine in Old Bottles

Abstract

The relationship between crime and tort is much vexed in the judicial and academic literature. Most people recognize that the two systems of individual responsibility have much in common, but that much, too, separates them. In this essay I wish to investigate the reasons why the two rules of tort and crime should overlap and diverge, and then, having established the general framework, to show how it applies to key substantive questions about individual responsibility that must be confronted in both systems. With the general part of the explanation completed, I want to turn to the question of under what circumstances, if any, the victim of a crime should be entitled to compensation (sometimes called "restitution") in a criminal proceeding from his assailant.

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