Comment on empiricism and tort law

In its 2002 volume, the University of Illinois Law Review published posthumously an unfinished symposium article by Professor Gary Schwartz entitled Empiricism and Tort Law. In that piece, Professor Schwartz discussed the work of, among others, Professor Michael Saks. Professor Saks, seeking the opportunity to respond to Professor Schwartz's piece, has authored the brief comment that follows below. The University of Illinois Law Review is committed to the principles of open discussion and scholarly debate; and it is to meet those ends that we have chosen to publish Professors Saks's response even though the original author cannot reply. Although this situation is not ideal, we believe it important to continue the dialogue that Professor Schwartz began with Empiricism and Tort Law.