Corrective Justice
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Corrective Justice
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Author : Ernest J. Weinrib
language : en
Publisher: OUP Oxford
Release Date : 2012-09-20
Corrective Justice written by Ernest J. Weinrib and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-20 with Law categories.
Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
Apologies And Moral Repair
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Author : Andrew I. Cohen
language : en
Publisher: Routledge
Release Date : 2020-05-10
Apologies And Moral Repair written by Andrew I. Cohen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-10 with Philosophy categories.
This book argues that justice often governs apologies. Drawing on examples from literature, politics, and current events, Cohen presents a theory of apology as corrective offers. Many leading accounts of apology say much about what apologies do and why they are important. They stop short of exploring whether and how justice governs apologies. Cohen argues that corrective justice may require apologies as offers of reparation. Individuals, corporations, and states may then have rights or duties regarding apology. Exercising rights to apology or fulfilling duties to provide them are ways of holding one another mutually accountable. By casting rights and duties of apology as justifiable to free and equal persons, the book advances conversations about how liberalism may respond to historic injustice. Apologies and Moral Repair will be of interest to scholars and advanced students in ethics, political philosophy, and social philosophy.
Corrective Justice
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Author : Ernest J. Weinrib
language : en
Publisher:
Release Date : 2012
Corrective Justice written by Ernest J. Weinrib and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Corrective Justice
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Author :
language : en
Publisher:
Release Date : 2012
Corrective Justice written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this new book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it will be essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
Corrective And Distributive Justice
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Author : Izhak Englard
language : en
Publisher: Oxford University Press
Release Date : 2009-02-17
Corrective And Distributive Justice written by Izhak Englard and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-17 with Law categories.
Corrective and Distributive Justice: From Aristotle to Modern Times retraces the intricate history of the distinction between corrective and distributive justice. This distinction is elaborated in the 5th book of Aristotle's Nicomachean Ethics, which was rediscovered in Western Europe in the 12th and 13th centuries by the Scholastics and turned into a central topic in legal and theological scholarship. After a decline of interest in the wake of the enlightenment and secularization, a surprising revival of these notions of justice occurred in U.S. legal and philosophical discourse during the last four decades that has made this distinction a central issue in tort law, restitution and other important fields of private and public law. In literally hundreds of articles and a considerable number of books, the Aristotelian distinction has been elaborated, discussed, and applied. Englard's unique contribution to this aspect of legal history grants the contemporary reader a historical perspective that is vital for a deepened understanding of the distinction and modern concerns. Organized chronologically, Englard's research covers: Aristotle, High Scholastics, Late Scholastics, Post-Scholastics, and Modernity. The relevant literature is notoriously difficult to access, not only because of its Latin language, but because of the physical rarity of the relevant books scattered throughout the world. This book offers the modern reader a touchstone synthesis of intellectual and legal history.
Private Law Theory
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Author : Jules L. Coleman
language : en
Publisher: Taylor & Francis
Release Date : 1994
Private Law Theory written by Jules L. Coleman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Civil law categories.
Risks And Wrongs
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Author : Jules L. Coleman
language : en
Publisher: CUP Archive
Release Date : 1992-11-27
Risks And Wrongs written by Jules L. Coleman and has been published by CUP Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-11-27 with Business & Economics categories.
Jules Coleman discusses the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.
The Foundations Of Restitution For Wrongs
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Author : Francesco Giglio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-03-06
The Foundations Of Restitution For Wrongs written by Francesco Giglio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-06 with Law categories.
'Restitution for wrongs', or 'restitutionary damages', is the judicial award which compels the wrongdoer to give up to the victim the benefit obtained through the perpetration of the wrong, independently of any loss suffered by the victim. The establishment of a civil trial in Roman law, which left compensation as the main response, and a widespread, loss-centred interpretation of the Aristotelian theory of corrective justice explain, but do not justify the difficulties encountered by modern attempts to account for restitutionary damages. Mistakes in the classification of this institution have complicated the picture. To overcome some of these problems, this study considers the basic structure of restitutionary damages from different angles. In part one, the topic is analysed from a comparative perspective. Although the focus remains on English law, the German, the Italian and the Roman jurisdictions provide research data which, in part two, support the development of a theory of restitution for wrongs as corrective justice.
Civil Wrongs And Justice In Private Law
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Author : Paul B. Miller
language : en
Publisher: Oxford University Press
Release Date : 2020-02-05
Civil Wrongs And Justice In Private Law written by Paul B. Miller and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-05 with Law categories.
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Torts Egalitarianism And Distributive Justice
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Author : Tsachi Keren-Paz
language : en
Publisher: Routledge
Release Date : 2018-12-20
Torts Egalitarianism And Distributive Justice written by Tsachi Keren-Paz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-20 with Law categories.
This book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence. Rather than a comprehensive descriptive account of existing tort law, this book pro-actively searches for new approaches and conceptual tools to meet the challenges faced by egalitarians. The understanding of tort law offered in this book will bring about better practical results in specific cases. It supports the progressive troops in the ongoing philosophical and social battles that take place in the field of tort law and also adds another voice - rich, nuanced and sensitive - to the chorus that is tort theory.