If the material circumstances of human life were different, causes of action such as negligence and battery might be structured along similar lines as trespass and conversion. If, for example, disputes about the ownership of bodies arose as often as disputes about ownership of land and chattels, the intent element in battery might look more like the intent element in trespass — requiring only an intent to touch an object that is in fact a person’s body (rather than an intent to touch an object that is believed to be a person’s body), just as trespass to land or chattels requires only an intent to touch an object that is in fact another person’s property (even if the defendant reasonably believes otherwise).308 Given the actual circumstances of human life, there has been little need for torts to person to serve remedial functions other than holding a defendant legally liable to pay a plaintiff when, because she is morally responsible for infringing his bodily rights, she is morally liable to pay him.
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