Theorizing the Institutional Tortfeasor

Institutions are entities (rather than collections of individuals), with distinct characters andidentities that are most aptly explained in terms of institutional culture. The perceptions andactions of individuals embedded in a particular institutional culture are, to a significantextent, caused by that culture. This understanding of the relationship between institutionalculture and institutional actors has been incisively theorized in other disciplines, but isvirtually absent from tort law. As institutions have become increasingly important playersin social life, in comparison with individuals acting qua individuals, the absence of a robusttheory of the institutional tortfeasor has marginalized tort law and will continue to doso. Coherent theorization of an institutional tortfeasor requires the translation of ideasabout organizational culture and identity into the language of tort doctrine.