Loss

This article examines the political movement by self-proclaimed “tort reformers” to cap “noneconomic” damages or damages for “noneconomic” loss. The author argues that the distinction between “economic” and “noneconomic” losses or damages is specious. This categorization does not derive from the field of economics or of law. In both of these fields, any diminution in individual wellbeing constitutes a reduction in welfare. To create a false dichotomy between “economic” and “noneconomic” losses, and then legislate or advocate caps on those losses deemed “noneconomic” is contrary to the rule of law, since the distinction that purportedly licenses the cap has no rational basis