All of this invites the question, of course, of why moral responsibility for rights infringement should ground remedial moral liability. As an interpretive matter, it is not obvious that any such explanation is required. After all, it is quite possible that the characteristic commitments of ordinary moral thought are in fact mistaken — that the true moral theory is some theory that is radically discontinuous from commonsense morality, such as act utilitarianism.356 Even if that were true, it is unlikely that tort law — a thoroughly human institution — would encode any such moral theory. If this Article’s arguments are sound, the law’s underlying moral commitments are more than a mishmash of particular convictions; they have a deeper structure that can be elicited through casuistry and cast in the form of general principles. But the principles are ones that are recognized, if only implicitly, in ordinary moral life.
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