Theorizing the Institutional Tortfeasor
Institutions are entities (rather than collections of individuals), with distinct characters and
identities that are most aptly explained in terms of institutional culture. The perceptions and
actions of individuals embedded in a particular institutional culture are, to a significant
extent, caused by that culture. This understanding of the relationship between institutional
culture and institutional actors has been incisively theorized in other disciplines, but is
virtually absent from tort law. As institutions have become increasingly important players
in social life, in comparison with individuals acting qua individuals, the absence of a robust
theory of the institutional tortfeasor has marginalized tort law and will continue to do
so. Coherent theorization of an institutional tortfeasor requires the translation of ideas
about organizational culture and identity into the language of tort doctrine.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.