Question

The transition in American tort law during the mid-twentieth century from a fault-based paradigm to strict enterprise liability was largely driven by the realist assumption that corporations are best positioned to absorb and distribute the costs of accidents. While this utilitarian approach successfully provided redress to injured consumers, it has drawn sharp criticism from a faction of legal scholars known as 'neo-formalists.' The neo-formalists contend that by decoupling liability from moral culpability—that is, from an inquiry into the specific actions and intent of the defendant—enterprise liability undermines the normative foundation of the law. They argue that tort law should not function merely as an insurance mechanism or an instrument of macroeconomic policy. Instead, they maintain that the primary purpose of torts is to adjudicate interpersonal wrongs and restore moral equilibrium between specific parties, a process that inherently requires an assessment of fault. Consequently, the neo-formalists view the expansion of strict liability not as a progressive evolution, but as a distortion of the judicial role, transforming courts from arbiters of justice into administrators of social welfare.

Based on the passage, which of the following principles or claims would the 'neo-formalists' most likely endorse? Select all that apply.