I. Two Moral Pictures of Tort Law
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The point is not just that such developments would be normatively attractive. These developments would be the sort of “modest but principled extension[s]”261 of existing doctrine that are recognizably within the legitimate boundaries of the judicial role. That is because these doctrinal developments would give expression to a principle of common morality — that a defendant who negligently, foreseeably, and unjustifiably infringes a plaintiff’s right against deprivation of reputation or liberty is liable to compensate her — that is already recognized and implemented, even if indirectly and imperfectly, by the common law of torts.
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