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| Author | : Izhak Englard |
| Publisher | : Oxford University Press |
| Total Pages | : 256 |
| Release | : 2009-02-17 |
| Genre | : Law |
| ISBN | : 0199748438 |
Download Corrective and Distributive Justice Book in PDF, ePub and Kindle
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.
| Author | : Ernest J. Weinrib |
| Publisher | : OUP Oxford |
| Total Pages | : 368 |
| Release | : 2012-09-20 |
| Genre | : Law |
| ISBN | : 019163638X |
Download Corrective Justice Book in PDF, ePub and Kindle
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.
| Author | : Lord Steyn |
| Publisher | : |
| Total Pages | : 24 |
| Release | : 2002 |
| Genre | : Distributive justice |
| ISBN | : |
Download Perspectives of Corrective and Distributive Justice in Tort Law Book in PDF, ePub and Kindle
| Author | : Tsachi Keren-Paz |
| Publisher | : Routledge |
| Total Pages | : 282 |
| Release | : 2018-12-20 |
| Genre | : Law |
| ISBN | : 1351144502 |
Download Torts, Egalitarianism and Distributive Justice Book in PDF, ePub and Kindle
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.
| Author | : Samuel Fleischacker |
| Publisher | : Harvard University Press |
| Total Pages | : 212 |
| Release | : 2005-09-06 |
| Genre | : Political Science |
| ISBN | : 9780674036987 |
Download A Short History of Distributive Justice Book in PDF, ePub and Kindle
Distributive justice in its modern sense calls on the state to guarantee that everyone is supplied with a certain level of material means. Samuel Fleischacker argues that guaranteeing aid to the poor is a modern idea, developed only in the last two centuries. Earlier notions of justice, including Aristotle's, were concerned with the distribution of political office, not of property. It was only in the eighteenth century, in the work of philosophers such as Adam Smith and Immanuel Kant, that justice began to be applied to the problem of poverty. To attribute a longer pedigree to distributive justice is to fail to distinguish between justice and charity. Fleischacker explains how confusing these principles has created misconceptions about the historical development of the welfare state. Socialists, for instance, often claim that modern economics obliterated ancient ideals of equality and social justice. Free-market promoters agree but applaud the apparent triumph of skepticism and social-scientific rigor. Both interpretations overlook the gradual changes in thinking that yielded our current assumption that justice calls for everyone, if possible, to be lifted out of poverty. By examining major writings in ancient, medieval, and modern political philosophy, Fleischacker shows how we arrived at the contemporary meaning of distributive justice.
| Author | : Gregory Mitchell |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : |
| ISBN | : |
Download An Empirical Inquiry Into the Relation of Corrective Justice to Distributive Justice Book in PDF, ePub and Kindle
We report the results of three experiments examining the long-standing debate within tort theory over whether corrective justice is independent of, or parasitic on, distributive justice. Using a "hypothetical societies" paradigm that serves as an impartial reasoning device and permits experimental manipulation of societal conditions, we first tested support for corrective justice in a society where individual merit played no role in determining economic standing. Participants expressed strong support for a norm of corrective justice in response to intentional and unintentional torts in both just and unjust societies. The second experiment tested support for corrective justice in a society where race, rather than individual merit, determined economic standing. The distributive justice manipulation exerted greater effect here, particularly on liberal participants, but support for corrective justice remained strong among non-liberal participants, even against a background of racially unjust distributive conditions. The third experiment partially replicated the first experiment and found that the availability of government-funded insurance had little effect on demands for corrective justice. Overall, the results suggest that, while extreme distributive injustice can moderate support for corrective justice, the norm of corrective justice often dominates judgments about compensatory duties associated with tortious harms.
| Author | : Ernest J. Weinrib |
| Publisher | : Oxford University Press |
| Total Pages | : 365 |
| Release | : 2012-09-20 |
| Genre | : Law |
| ISBN | : 0199660646 |
Download Corrective Justice Book in PDF, ePub and Kindle
Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.
| Author | : Arthur Ripstein |
| Publisher | : Cambridge University Press |
| Total Pages | : 324 |
| Release | : 2001-03-12 |
| Genre | : Law |
| ISBN | : 9780521003070 |
Download Equality, Responsibility, and the Law Book in PDF, ePub and Kindle
Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.
| Author | : Christopher Mbazira |
| Publisher | : PULP |
| Total Pages | : 283 |
| Release | : 2009 |
| Genre | : Distributive justice |
| ISBN | : 0981412475 |
Download Litigating Socio-economic Rights in South Africa Book in PDF, ePub and Kindle
Litigating Socio-Economic Rights in South Africa: A choice between corrective and distributive justiceby Christopher Mbazira2009ISBN: 978-0-9814124-7-4Pages: viii 273Print version: AvailableElectronic version: Free PDF available.
| Author | : Leo Montada |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 296 |
| Release | : 2013-06-29 |
| Genre | : Psychology |
| ISBN | : 1475799276 |
Download Current Societal Concerns about Justice Book in PDF, ePub and Kindle
What role does justice play in the formation of public opinion and the scholarly debates about social problems? Does the perception of injustice force problems to appear on the political agenda? Does the perception of an injustice give momentum to social change? Or are violations of self-interest or threats to one's material welfare the more important factors? Or are empathy-driven concerns for the needy and the disadvan taged motivations to solve societal problems? What is known about the role justice concerns play in leadership? In several chapters of this volume, justice concerns and justice motives are viewed in relation to other concerns and motivations; welfare, self-interest, altruism. It is argued that the consensus of political theorists converges on mutual advantage as the main criterion of acceptable solutions to solving socie tal problems. In economics, self-interest is considered the driving force and provides the criterion of acceptable solutions. Sociological and social psychological exchange theories share these basic assumptions. Thus, questions are raised and answered concerning how justice and these other important motives appear in the analyses of societal prob lems and the search for solutions. Moreover, in addition to the issue of conflicting motives-self interest, altruism, justice-it is commonly recognized that the definition of what is just and what is unjust is open to question. In public as well as in scientific dialogues, diverging views about justice have to be integrated or decided upon.
