Bibliographic record
Abstract
This article examines the problem of fit caused by “hybrid torts” for several contemporary, explanatory theories of tort law: those belonging to Ernest Weinrib, Robert Stevens, and John Goldberg and Benjamin Zipursky. The term hybrid tort is intended to capture a cause of action that is treated routinely by practitioners, judges and doctrinal jurists alike as a tort proper even though its ingredients suggest that it is only part tort and part something else (like, for example, equity). The central argument of the article is as follows: at tort law’s borders with other legal categories, there exists a number of hybrid actions that are widely acknowledged to be torts but which comprise a range of juridical components, some of which are typical within tort law and some of which are more germane to some other legal category. This set of hybrid actions suggests that—whatever theoretical neatness might dictate—tort law’s boundaries are fuzzy and porous, not clearly defined and rigid. This fuzziness in the object of theorization naturally casts doubt on the apple-pie neatness of the theories in view. In addition, the obvious response—that these juridically mixed causes of action are not proper torts (and therefore do not require explanation)—is shown to be unavailable to the theorists whose work is examined given that each of them commits to explaining the law as it presents itself. Put differently: since the law as we encounter it clearly treats these hybrid actions as torts, they cannot be dismissed in this way. Nor, it is argued—for a combination of reasons that establish their practical significance—can these hybrid torts be dismissed as irrelevant.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.004 | 0.006 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.003 | 0.002 |
| Science and technology studies | 0.003 | 0.022 |
| Scholarly communication | 0.004 | 0.008 |
| Open science | 0.002 | 0.004 |
| Research integrity | 0.003 | 0.004 |
| Insufficient payload (model declined to judge) | 0.007 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".