TORT LAW AND THE MORAL LAW: ANGLO-FRENCH DIVERGENCES

Tunc's inaugural lecture “Tort Law and the Moral Law” in 1972 aimed to set out the moral foundations of tort liability in common law and French law. It triggered exchanges in this Journal with Hamson who challenged Tunc's views. This article explores the context of the debate and then reviews the subsequent developments of English and French law. Both systems have continued on the same path as the protagonists set out in their debate with France deepening its grounding in social solidarity as a justification for tort liability while English law sees its place only in state action or private charity.