Concepto y principio de daño = The concept of damage and the harm principle
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In this study I will analyze the concept of damage as it is used in
tort law. To do this, I will address three questions: first, is there a
single concept or multiple concepts of harm? Second, what is the
explanatory power of comparative versus non-comparative criteria
for determining what constitutes harm? Third, how are the concepts
of harm, interest and well-being linked? I propose, first of all, to
analyze these three questions on the basis of certain debates held in
moral and political philosophy regarding the harm principle. Second,
I will defend the hypothesis of the relevance of a generic concept of damage and the advantages of a complex comparative criterion
for determining cases of damage. Finally, I will argue that the link
between the concept of damage and the notion of interest cannot be
sustained independently of certain moral conceptions