Tort Liability Through the Lens of Distributive Justice: A Shift from Compensation to Equitable Allocation of Risks

Document Type : Scientific Research

Authors

1 Judge and PhD student in private law, Faculty of Law and Political Science, Kharazmi University, Tehran.

2 Associate Professor, Department of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.

3 Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.

Abstract

This article explores the role of distributive justice within the framework of civil liability, analyzing its philosophical, legal, and economic dimensions. Unlike corrective justice—which focuses on restoring the injured party to their prior state—distributive justice seeks a fair allocation of benefits and burdens across society. It addresses how damages should be shared, especially in cases involving socially beneficial yet inherently risky activities. Mechanisms such as strict liability, insurance systems, and institutional tools like the Body Injury Compensation Fund and public treasury play a pivotal role in redistributing losses among individuals who may not have directly caused the harm. Drawing on economic theories such as the diminishing marginal utility of money, the article argues that distributing damages across society enhances overall welfare and reduces the disproportionate burden on any single party. The study also critiques traditional legal doctrines in Iranian law that fail to reflect distributive principles, advocating for a shift toward more flexible and equitable legal structures. Ultimately, the article demonstrates that achieving distributive justice in civil liability requires rethinking rigid private law norms and embracing institutional arrangements that balance individual rights with collective welfare.

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References

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Civil Law Knowledge
Volume 15, Issue 29 - Serial Number 29
September 2026
Pages 115-128

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