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Corrective Justice
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Book Synopsis Corrective Justice by : Ernest J. Weinrib
Download or read book Corrective Justice written by Ernest J. Weinrib and published by OUP Oxford. This book was released on 2012-09-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Corrective and Distributive Justice by : Izhak Englard
Download or read book Corrective and Distributive Justice written by Izhak Englard and published by Oxford University Press. This book was released on 2009-02-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Apologies and Moral Repair by : Andrew I. Cohen
Download or read book Apologies and Moral Repair written by Andrew I. Cohen and published by Routledge. This book was released on 2020-05-10 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis From Personal Life to Private Law by : John Gardner
Download or read book From Personal Life to Private Law written by John Gardner and published by Oxford University Press. This book was released on 2018 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book ... is a descendant of my eponymous Quain Lectures, delivered at University College London in 2014"--Preface.
Book Synopsis Risks and Wrongs by : Jules L. Coleman
Download or read book Risks and Wrongs written by Jules L. Coleman and published by CUP Archive. This book was released on 1992-11-27 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jules Coleman discusses the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.
Book Synopsis Corrective Justice by : Ernest J. Weinrib
Download or read book Corrective Justice written by Ernest J. Weinrib and published by Oxford University Press. This book was released on 2012-09-20 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Brief History of Justice by : David Johnston
Download or read book A Brief History of Justice written by David Johnston and published by John Wiley & Sons. This book was released on 2011-03-08 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brief History of Justice traces the development of the idea of justice from the ancient world until the present day, with special attention to the emergence of the modern idea of social justice. An accessible introduction to the history of ideas about justice Shows how complex ideas are anchored in ordinary intuitions about justice Traces the emergence of the idea of social justice Identifies connections as well as differences between distributive and corrective justice Offers accessible, concise introductions to the thought of several leading figures and schools of thought in the history of philosophy
Book Synopsis Corrective Justice by : Ernest J. Weinrib
Download or read book Corrective Justice written by Ernest J. Weinrib and published by . This book was released on 2012 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Recognizing Wrongs by : John C. P. Goldberg
Download or read book Recognizing Wrongs written by John C. P. Goldberg and published by Belknap Press. This book was released on 2020 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--
Book Synopsis Liability and Responsibility by : R. G. Frey
Download or read book Liability and Responsibility written by R. G. Frey and published by Cambridge University Press. This book was released on 2008-10-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort, and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third, and fourth sections present, in turn, more detailed explorations of the roles of notions of liability and responsibility in contracts, torts, and punishment. The collection not only presents some of the most challenging work being done in legal philosophy today, it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account recent developments in economics, political science, and rational choice theory. This thought-provoking volume will help to shed light on the underexplored ground that lies between law and morals.
Book Synopsis Legal Directives and Practical Reasons by : Noam Gur
Download or read book Legal Directives and Practical Reasons written by Noam Gur and published by Oxford University Press, USA. This book was released on 2018-07-26 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes up a central question in jurisprudence: What difference can law make to normative reasons relevant to our actions? Following a critical examination of two competing models, an exclusionary model and a weighing model, Gur proposes a third way that aims to capture the strengths of both of these models while avoiding their pitfalls.
Book Synopsis The Conceptual Foundations of Transitional Justice by : Colleen Murphy
Download or read book The Conceptual Foundations of Transitional Justice written by Colleen Murphy and published by Cambridge University Press. This book was released on 2017-04-19 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists.
Book Synopsis The Idea of Private Law by : Ernest J Weinrib
Download or read book The Idea of Private Law written by Ernest J Weinrib and published by Oxford University Press. This book was released on 2012-09-20 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Revised edition with new preface first published 2012"--Title page verso.
Book Synopsis Litigating Socio-economic Rights in South Africa by : Christopher Mbazira
Download or read book Litigating Socio-economic Rights in South Africa written by Christopher Mbazira and published by PULP. This book was released on 2009 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Private Wrongs written by Arthur Ripstein and published by Harvard University Press. This book was released on 2016-04-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law recognizes the many ways one person wrongs another. Arthur Ripstein brings coherence to torts’ diversity in a philosophically grounded, analytically powerful theory. He shows that all torts violate the basic moral idea that each person is in charge of his or her own person and property, and never in charge of another’s person or property.
Download or read book Corrective Justice written by and published by . This book was released on 2012 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Sense of Justice by : Markus Dirk Dubber
Download or read book The Sense of Justice written by Markus Dirk Dubber and published by NYU Press. This book was released on 2006-10-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Sense of Justice, distinguished legal author Markus Dirk Dubber undertakes a critical analysis of the “sense of justice”: an overused, yet curiously understudied, concept in modern legal and political discourse. Courts cite it, scholars measure it, presidential candidates prize it, eulogists praise it, criminals lack it, and commentators bemoan its loss in times of war. But what is it? Often, the sense of justice is dismissed as little more than an emotional impulse that is out of place in a criminal justice system based on abstract legal and political norms equally applied to all. Dubber argues against simple categorization of the sense of justice. Drawing on recent work in moral philosophy, political theory, and linguistics, Dubber defines the sense of justice in terms of empathy—the emotional capacity that makes law possible by giving us vicarious access to the experiences of others. From there, he explores the way it is invoked, considered, and used in the American criminal justice system. He argues that this sense is more than an irrational emotional impulse but a valuable legal tool that should be properly used and understood.
