Rethinking Responsibility: Honoré’s Concept of Outcome Responsibility and Its Implications for the Future of Tort Law

This article examines Tony Honoré’s concept of outcome responsibility to address the accountability gap in tort law that has been precipitated by Artificial Intelligence (AI). Conven­ tional fault­based liability, rooted in liberal autonomy, is increasingly challenged by the opacity and fragmented agency inherent in autonomous systems. As the differentiation of actors obscures the boundaries of conduct, identifying a specific fault nearly impossible. To bridge this gap, this article analyzes Honoré’s theoretical framework and its roots in distributive justice, demonstrating how outcome responsibility provides a normative and ontological justification liability independent of moral culpability. By revisiting the synthesis of corrective and distributive justice, the author posits that bearing the consequences of one’s actions is constitutive of personal identity and human agency. This grounding facilitates a more equitable equilibrium between risks and benefits in complex technological contexts. Ultimately, the article concludes that integrating Honoré’s insights does not disrupt established legal dogmatics but rather reinforces them with a more resilient foundation. This perspective fosters a flexible and realistic civil liability framework capable of navigating the unprecedented legal challenges of the AI era.