 One prominent objection to civil recourse theory, made both by defenders of corrective justice accounts and defenders of economic analysis, is that the principle of civil recourse is true but trivial. The founders of the economic analysis of tort law, Richard Posner and Guido Calabresi, both of whom were at the time federal appellate judges in the United States, have argued that the principle of civil recourse is empty, and could provide no possible guidance to any judge attempting to decide a case. Instead, other factors, including instrumental ones, must be introduced in order to explain the resolution of the case and the measure of damages; that it all takes place before a court at the initiative of the plaintiff is institutionally true but analytically insignificant for Posner (2013) and Calabresi (2013). More generally, the entitlement of someone to claim a remedy from the person who has wronged them is a generic feature of private legal relationships, and so fails to shed any distinctive light on tort law. Instead, just as contract law provides plaintiffs with remedies because they have been wronged, however imperfectly those remedies might repair those wrongs, so too does the law of tort. That legal structure does not, however, lead to the conclusion that contract remedies have some point other than to enforce the contractual right that was violated, however imperfect that remedy may be as a substitute. So, too, in the case of tort law, any obligation that the state has to provide a forum and avenue of recourse does not show that the principle of recourse is anything other than the enforcement of the right that was violated. The claim that there is no legal duty to pay damages unless the plaintiff brings suit has also been disputed (Steel &amp; Stevens 2020).