In this part, I set up the framework that supports the theory developed in this book. In Chapter One, I explain that, in order to solve the social coordination problem tort law addresses, society asks each person to think appropriately about the well-being of others when deciding how to behave. This is the basic requirement of the reasonable person, and it asks the analyst to examine not only how people normally behave but also how they would behave if they were thinking appropriately about the well-being of others. I explain that other-regarding behavior is common, and that it allows people to be rational and reasonable at the same time. And I outline my claim that a system that reinforces other-regarding behavior allows society to function efficiently, fairly, and with stability (which achieves the goal of social cohesion).

In Chapter Two, I then illustrate the major attributes of other-regarding behavior by suggesting the broad outlines of other-regarding thought and its relation to the Hand formula. Here I develop the notion that social communities generate values that allow people to make other-regarding choices, and I show the requirements of empathy and reasoning behind a veil of ignorance that allow other-regarding thought to be considered socially moral.