The Oxford Handbook of the New Private Law最新文献

筛选

英文中文

Corrective Justice 矫正正义

The Oxford Handbook of the New Private Law Pub Date : 2020-11-10 DOI: 10.1093/oxfordhb/9780190919665.013.3

Gregory C. Keating

{"title":"Corrective Justice","authors":"Gregory C. Keating","doi":"10.1093/oxfordhb/9780190919665.013.3","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190919665.013.3","url":null,"abstract":"This chapter discusses the concept of corrective justice, which has been at the heart of much recent scholarship on the law of torts in particular and private law more generally. Notwithstanding its familiarity, ancient origin, and apparent universal acceptance, the concept of corrective justice has produced a remarkable number of distinct conceptions and has stirred up major controversies. For at least a generation, corrective justice stood at the center of the argument between contending conceptions of tort. For legal economists, corrective justice was an aspect of the institution of tort law. It was part of the data that needed to be explained and justified in economic terms. Corrective justice was subordinate. It was a feature of—not a justification for—the institution of tort law. For legal philosophers Ernest Weinrib and Jules Coleman—who championed corrective justice as the countertheory to economic analysis—corrective justice was sovereign. It was both instantiated in the institution of tort law and the justification for the institution. It was incipiently normative. And the justification it supplied was formal, not instrumental. The chapter explains and analyzes corrective justice in light of this history, in the hope that this will set the stage for tort theory to move forward.","PeriodicalId":337737,"journal":{"name":"The Oxford Handbook of the New Private Law","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126288070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Trust Law 相信法律

The Oxford Handbook of the New Private Law Pub Date : 2020-11-10 DOI: 10.1093/oxfordhb/9780190919665.013.19

J. Morley, Robert H. Sitkoff

引用次数: 0

首页上一页