About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


25 J. Korean L. 1 (2026)

handle is hein.journals/jkorl25 and id is 1 raw text is: Journal of Korean Law I Vol. 25, 1-27, February 2026 Rethinking Responsibility: Honore's Concept of Outcome Responsibility and Its Implications for the Future of Tort Law* Seongbum Lee** A picture held us captive. And we could not get outside it, for it lay in our language and language seemed to repeat it to us inexorably. - Ludwig Wittgenstein, Philosophical Investigations, § 115 Abstract This article examines Tony Honori's concept of outcome responsibility to address the accountability gap in tort law that has been precipitated by Artificial Intelligence (Al). Conven- tional fault-based 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 Honori'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 Honori'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 Al era. KEYWORDS: Outcome Responsibility, Tony Honore, Tort Law, Artificial Intelligence, Strict Liability, Personal Identity, Risk Allocation Manuscript received: January 11, 2026; review completed: January 28, 2026; accepted: February 10, 2026. * This article was funded by the 2025 Research Fund of the Seoul National University Law Research Institute, donated by the Seoul National University Law Foundation. I am grateful to Professor Sandy Steel (Wadham College, Oxford) for helpful discussions. ** Assistant Professor, Seoul National University School of Law.