A Restatement (Third) of Intentional Torts?
Some intentional tort doctrines have developed in intriguing ways since the Restatement Second was published, and other doctrines remain contentious or obscure. From a broader perspective, we should beware of the simplistic picture of intentional law in which “intentional wrongdoers” are those who exhibit the most serious level of fault, relative to the fault of negligent and strictly liable tortfeasors. Although doctrinal and practical consequences do follow from the bare characterization of a tort as intentional, in many contexts this simple view distorts the underlying legal phenomena, or fails to offer a plausible justification.