of ancient societies, as exemplified by the Roman doctrines of quasi-delicts and noxal liability, and the Greek notion of … (notably in the form of vicarious liability). The chapter then lays out a theoretical analysis of the choice between collective …

liability. When injurers differ in their costs of care, however, this leads to distortions in their care choices. This paper …. The principal features of the rule are (1) the due standard of care is maximal, and (2) liability increases gradually as … injurers depart further from this standard. The results are broadly consistent with the gradation in liability under certain …