Journal article
What is tort law for? Part 1 : the place of corrective justice
- Abstract:
- In this paper I discuss the proposal that the law of torts exists to do justice, more specifically corrective justice, between the parties to a tort case. My aims include clarifying the proposal and defending it against some objections (as well as saving it from some defences that it could do without). Gradually the paper turns to a discussion of the rationale for doing corrective justice. I defend what I call the 'continuity thesis' according to which at least part of the rationale for doing corrective justice is to mitigate one's wrongs, including one's torts. I try to show how much of the law of torts this thesis helps to explain, but also what it leaves unexplained. In the process I show (what I will discuss in a later companion paper) that 'corrective justice' cannot be a complete answer to the question of what tort law is for. © Springer 2010.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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- Publisher copy:
- 10.1007/s10982-010-9086-6
Authors
- Publisher:
- Springer Science+Business Media
- Journal:
- Law and Philosophy More from this journal
- Volume:
- 30
- Issue:
- 1
- Pages:
- 1-50
- Publication date:
- 2011-01-01
- DOI:
- EISSN:
-
1573-0522
- ISSN:
-
0167-5249
- UUID:
-
uuid:ec046a42-56aa-4b56-9274-3e36286a8f0b
- Local pid:
-
pubs:478553
- Source identifiers:
-
478553
- Deposit date:
-
2014-08-16
- ARK identifier:
Terms of use
- Copyright holder:
- Springer-Verlag
- Copyright date:
- 2011
- Notes:
- Copyright 2010 Springer-Verlag. The final publication is available at http://link.springer.com/article/10.1007%2Fs10982-010-9086-6. The full-text of this article is not currently available in ORA, but you may be able to access the article via the publisher copy link on this record page
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