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Corrective Justice

WILLIAM LUCY

in Philosophy of Private Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198700685
eISBN:
9780191706745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198700685.003.0008
Subject:
Law, Philosophy of Law

This chapter elucidates and evaluates three matters that any corrective justice account of the normative foundation of private law must address. The first two matters raise the key issues identified ... More


The mixed conception of corrective justice

Jules L. Coleman

in Risks and Wrongs

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.003.0017
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter distinguishes between three different conceptions of corrective justice: the annulment thesis, the relational conception of corrective justice, and a mixed conception of corrective ... More


Wrongfulness

Jules L. Coleman

in Risks and Wrongs

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.003.0018
Subject:
Law, Law of Obligations, Philosophy of Law

There are two essential components in the concept of corrective justice: wrongfulness and responsibility. Only wrongful losses fall within the ambit of corrective justice. Responsibility for them ... More


Justifiable departures from corrective justice

Jules L. Coleman

in Risks and Wrongs

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.003.0020
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter considers three potentially justifiable ways of departing from the corrective justice of tort law. In discussing these cases, it develops further insights into the nature of corrective ... More


Mixed Foundations

WILLIAM LUCY

in Philosophy of Private Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198700685
eISBN:
9780191706745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198700685.003.0010
Subject:
Law, Philosophy of Law

This chapter examines what can be called ‘mixed’ accounts of the normative basis of private law. The first section briefly sketches the limitations of corrective and distributive justice accounts ... More


Corrective Justice

Ernest J. Weinrib

in The Idea of Private Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199665815
eISBN:
9780191748622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665815.003.0003
Subject:
Law, Philosophy of Law, Law of Obligations

Aristotle's account of corrective justice describes the form of the private law relationship. Corrective justice treats the wrong, and the transfer of resources that undoes it, as a single nexus of ... More


Corrective justice and tort law

Jules L. Coleman

in Risks and Wrongs

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.003.0019
Subject:
Law, Law of Obligations, Philosophy of Law

Chapter 17 developed the relevant conceptions of wrongdoing and wrong, outlined the relevant theory of responsibility, and explored some ways in which the underlying norms sustained by corrective ... More


The Idea of Private Law

Ernest J Weinrib

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199665815
eISBN:
9780191748622
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665815.001.0001
Subject:
Law, Philosophy of Law, Law of Obligations

This book offers a new approach to understanding private law. Rejecting the functionalism popular among legal scholars, the book advances the idea that private law is an autonomous and ... More


Corrective justice and wrongful gain

Jules L. Coleman

in Markets, Morals, and the Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253609
eISBN:
9780191719783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253609.003.0008
Subject:
Law, Competition Law

This chapter makes a distinction between two questions: what grounds a victim's claim to recovery, and what justifies holding an injurer liable for the harms his conduct occasions. That these two ... More


The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory

Jules Coleman

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264124
eISBN:
9780191707698
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264124.001.0001
Subject:
Law, Philosophy of Law

This book expands the argument introduced in the Clarendon Lectures in Law presented at Oxford University in the fall of 1998. It introduces and attempts to sustain two different kinds of arguments; ... More


The Practice of Corrective Justice

JULES L. COLEMAN

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0003
Subject:
Law, Philosophy of Law

The extent to which this book sees corrective justice in tort law surely depends on its understanding of it; the same is true of any would-be corrective justice account of tort law: Ernest Weinrib’s, ... More


Right, Justice, and Tort Law

RICHARD W. WRIGHT

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0008
Subject:
Law, Philosophy of Law

The two principal monistic theories of law are the utilitarian efficiency theory and the Kantian-Aristotelian theory of right or justice, based on the foundational norm of equal individual freedom, ... More


Correctively Unjust Enrichment

Ernest J Weinrib

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0002
Subject:
Law, Law of Obligations, Philosophy of Law

Unjust enrichment, understood as a defective transfer of value, gives rise to liability that instantiates corrective justice. As a characteristic of things of value (whether of objects or of labour), ... More


Correlativity and Personality

Ernest J. Weinrib

in Corrective Justice

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199660643
eISBN:
9780191748288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660643.003.0002
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter sets out the ideas that make up the structure and content of corrective justice. Corrective justice is the synthesis of two complementary abstractions: correlativity and personality. ... More


Tort Law and Distributive Justice

Hanoch Sheinman

in Philosophical Foundations of the Law of Torts

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198701385
eISBN:
9780191770654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701385.003.0018
Subject:
Law, Philosophy of Law, Law of Obligations

It is sometimes said that corrective justice is more important to the normative foundation of tort law than distributive justice. This chapter argues that tort law's distributive justice is ... More


Neuroscience and Tort Law Theory

Peter A. Alces

in The Moral Conflict of Law and Neuroscience

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226513362
eISBN:
9780226513676
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226513676.003.0005
Subject:
Law, Philosophy of Law

Chapter Five considers the implications of neuroscientific insights on non-instrumental theories of tort and introduces the moral tension between neuroscience and those theories. The chapter first ... More


Introduction

Alan Brudner

in The Unity of the Common Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592807
eISBN:
9780191767944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592807.003.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

The book’s thesis is situated with respect to functionalist theories that reduce transactional law to public law and to legal formalism, which reduces transactional law to private law. The argument ... More


Normative Foundations

WILLIAM LUCY

in Philosophy of Private Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198700685
eISBN:
9780191706745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198700685.003.0007
Subject:
Law, Philosophy of Law

This chapter examines the normative foundations of private law. Specifically, it considers how such ‘foundational’ accounts might function and what, exactly, is their content. It discusses corrective ... More


Justice, Satisfaction, and Restoration of Friendship

Daniel Schwartz

in Aquinas on Friendship

Published in print:
2007
Published Online:
May 2008
ISBN:
9780199205394
eISBN:
9780191709265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199205394.003.0007
Subject:
Philosophy, Ancient Philosophy

This chapter examines Aquinas's understanding of the way in which the aim of reconciliation affects the operation of corrective justice. It focuses on ‘satisfaction’, a term that Aquinas used to ... More


The Normative Foundations of Unjust Enrichment

Dennis Klimchuk

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0004
Subject:
Law, Law of Obligations, Philosophy of Law

There are two principal accounts of the normative foundations of unjust enrichment. The first holds that the plaintiff's right to restitution for unjust enrichment is a claim in corrective justice. ... More


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