 Holmes’s main focus was the tort of negligence. It is the tort that generates the most litigation in contemporary legal systems. It is also the tort that has been most frequently supplanted by alternative systems, such as no-fault automobile insurance and workplace safety regulation and compensation schemes and, in the case of New Zealand, a general public insurance scheme which replaced actions in negligence in cases of personal injury (Woodhouse Report 1967; Price Waterhouse Cooper Report 2008). Policy debates about doing away with the tort of negligence give philosophical debates about its structure and purpose a special urgency. If, as most scholars are prepared to concede, a legal system acts within its proper authority in introducing these alternative responses to accidental injury, is anything of moral significance lost when they are?