It's worth noting, though, that some theorists have preferred to explain even
these liabilities as designed to serve a social utility goal of preventing economic
waste, as distinguished from a goal of securing anyone's "rights." See, for example,
Margaret Jane Radin's accurate summary of a discussion of rape in Richard Posner's
Economic Analayis of Law,
in Margaret J. Radin's, Market-Inalienability, 100 Harv. L. Rev. 1849.
But compare Richard A. Posner, Overcoming Law (Cambridge, Ma: Harvard University
Press, 1995), pp. 22-23, where Judge Posner states a more moderate view than the
one he had set forth in the earlier work discussed by Radin.