This is a call for papers for a conference on Reputation as Property: Perspectives from Tort and Property, to be held on 18-19 January 2019 in Trinity College Dublin:
How can tort law account for the harm of defamation? One answer to this question is to argue that our reputation is or is like property. While this analogy may make sense to tort law theorists, particularly those seeking to give an internal account of tort law, it may not make sense to property theorists. In addition, it is not clear whether this approach fits with the case law. Whether or not thinking about reputation as property makes sense raises the question of whether tort law theory understands property differently than property theory does. It also raises the question of whether the theory of the tort of defamation fits the case law. In what ways does it make sense to think about reputation as property, and in what ways does it not?
In this workshop, organised in association with the Private Law Group at Trinity College Dublin, we seek to bring together property and torts scholars to discuss both theoretical and doctrinal approaches to the question of whether reputation is property or not.