Bloom himself may not have given us a guide out of this labyrinth, yet neither did he lie about the difficulty. He spoke passionately and beautifully about the necessity of trying. No modern teacher has given us a greater exhortation to remember that vocation. It is our burden—and yet, finally, our pleasure—to discover for ourselves that our anxiety is not (and never has been) the end it pretends to be.
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As already suggested,85 the tort clauses of the civil codes point the way to such an account: A tort is a legal liability rule, which specifies a set of conditions under which a defendant has an enforceable legal obligation to compensate a plaintiff. Consider again the central tort clause of the Italian Codice Civile, CC 2043: “Any intentional or negligent act that causes [unjust damage] to another person obliges the person who has committed the act to pay damages.”86 That this clause lays down a compensatory legal liability rule is evident on its face. And nothing in such a clause appears to make any reference to the ideas that the Palsgraf perspective locates at the heart of tort law. Whether a defendant has acted wrongfully toward a plaintiff, mistreated her, affronted her personality, disrespected her, and so on — whether he has committed a wrong to her, not just a wrong to other people or society at large — is, on the face of these clauses, immaterial.