Corrective And Distributive Justice

Author : Izhak Englard
Publisher : Oxford University Press
Page : 256 pages
File Size : 53,8 Mb
Release : 2009-02-17
Category : Law
ISBN : 9780199748433

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Corrective and Distributive Justice by Izhak Englard Pdf

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 : Tsachi Keren-Paz
Publisher : Routledge
Page : 282 pages
File Size : 51,9 Mb
Release : 2018-12-20
Category : Law
ISBN : 9781351144506

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Torts, Egalitarianism and Distributive Justice by Tsachi Keren-Paz Pdf

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 : Ernest J. Weinrib
Publisher : OUP Oxford
Page : 368 pages
File Size : 55,8 Mb
Release : 2012-09-20
Category : Law
ISBN : 9780191636387

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Corrective Justice by Ernest J. Weinrib Pdf

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 : Samuel Fleischacker
Publisher : Harvard University Press
Page : 212 pages
File Size : 49,7 Mb
Release : 2005-09-06
Category : Political Science
ISBN : 0674036980

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A Short History of Distributive Justice by Samuel Fleischacker Pdf

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 : Ernest J. Weinrib
Publisher : Oxford University Press
Page : 365 pages
File Size : 51,9 Mb
Release : 2012-09-20
Category : Law
ISBN : 9780199660643

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Corrective Justice by Ernest J. Weinrib Pdf

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
Page : 324 pages
File Size : 43,8 Mb
Release : 2001-03-12
Category : Law
ISBN : 0521003075

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Equality, Responsibility, and the Law by Arthur Ripstein Pdf

Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.

Author : Christopher Mbazira
Publisher : PULP
Page : 283 pages
File Size : 46,5 Mb
Release : 2009
Category : Distributive justice
ISBN : 9780981412474

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Litigating Socio-economic Rights in South Africa by Christopher Mbazira Pdf

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 : John Gardner
Publisher : Oxford University Press
Page : 350 pages
File Size : 54,8 Mb
Release : 2019-12-18
Category : Law
ISBN : 9780192596147

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Torts and Other Wrongs by John Gardner Pdf

Torts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in tort adjudication. Though focussed on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.

Author : Lord Steyn
Publisher : Unknown
Page : 24 pages
File Size : 44,7 Mb
Release : 2002
Category : Distributive justice
ISBN : OCLC:155900805

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Perspectives of Corrective and Distributive Justice in Tort Law by Lord Steyn Pdf

Author : Leo Montada,Melvin J. Lerner
Publisher : Springer Science & Business Media
Page : 296 pages
File Size : 51,5 Mb
Release : 2013-06-29
Category : Psychology
ISBN : 9781475799279

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Current Societal Concerns about Justice by Leo Montada,Melvin J. Lerner Pdf

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.

Author : A. Follesdal,Thomas Winfried Menko Pogge,T. Pogge
Publisher : Springer Science & Business Media
Page : 424 pages
File Size : 55,6 Mb
Release : 2005-06-08
Category : Law
ISBN : 1402031416

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Real World Justice by A. Follesdal,Thomas Winfried Menko Pogge,T. Pogge Pdf

The concept of global justice makes visible how we citizens of affluent countries are potentially implicated in the horrors so many must endure in the so-called less developed countries. Distinct conceptions of global justice differ in their specific criteria of global justice. However, they agree that the touchstone is how well our global institutional order is doing, compared to its feasible alternatives, in regard to the fundamental human interests that matter from a moral point of view. We are responsible for global regimes such as the global trading system and the rules governing military interventions. These institutional arrangements affect human beings worldwide, for instance by shaping the options and incentives of governments and corporations. Alternative paths of globalization would have differed in how much violence, oppression, and extreme poverty they engender. And global institutional reforms could greatly enhance human rights fullfillment in the future. The importance of this global justice approach reaches well beyond philosophy. It enables ordinary citizens to understand their options and responsibility for global institutional factors, and it challenges social scientists to address the causes of poverty and hunger that act across borders. The present volume addresses four main topics regarding global justice: The normative grounds for claims regarding the global institutional order, the substantive normative principles for a legitimate global order, the roles of legal human rights standards, and some institutional arrangements that may make the present world order less unjust. All royalties from this book have been assigned to Oxfam.

Author : Peter Jaffey
Publisher : Bloomsbury Publishing
Page : 197 pages
File Size : 54,8 Mb
Release : 2023-08-24
Category : Law
ISBN : 9781509953899

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Justice in Private Law by Peter Jaffey Pdf

This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.

Author : John W. Chapman
Publisher : NYU Press
Page : 376 pages
File Size : 44,9 Mb
Release : 1991-09
Category : Law
ISBN : 9780814714539

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Compensatory Justice by John W. Chapman Pdf

"Began with presentations and commentaries at the meeting of The American Society for Political and Legal Philosophy held in conjunction with the annual meeting of the Association of American Law Schools in New Orleans, 5-8 January 1989"--Preface.

Author : M.E. Bayles,Bruce Chapman
Publisher : Springer Science & Business Media
Page : 275 pages
File Size : 50,5 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789400972032

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Justice, Rights, and Tort Law by M.E. Bayles,Bruce Chapman Pdf

The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage.

Author : Eric Rakowski
Publisher : Oxford University Press, USA
Page : 402 pages
File Size : 55,6 Mb
Release : 1991
Category : Distributive justice
ISBN : 9780198248750

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Equal Justice by Eric Rakowski Pdf

The core of this book is a novel theory of distributive justice premised on the fundamental moral equality of persons. In the light of this theory, Rakowski considers three types of problems which urgently require solutions-- the distribution of resources, property rights, and the saving of life--and provides challenging and unconventional answers. Further, he criticizes the economic analysis of law as a normative theory, and develops an alternative account of tort and property law.