Switch to: References

Citations of:

Compensation and continuity

Legal Theory 26 (3):250-279 (2020)

Add citations

You must login to add citations.
  1. Corrective Duties/Corrective Justice.Giulio Fornaroli - 2024 - Philosophy Compass 19 (3):e12968.
    In this paper, I assess critically the recent debate on corrective duties across moral and legal philosophy. Two prominent positions have emerged: the Kantian rights-based view (holding that what triggers corrections is a failure to respect others' right to freedom) and the so-called continuity view (correcting means attempting to do what one was supposed to do before). Neither position, I try to show, offers a satisfactory explanation of the ground (why correct?) and content (how to correct?) of corrective duties. In (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  • Law, ‘Ought’, and ‘Can’.Frederick Wilmot-Smith - 2023 - Ethics 133 (4):529-557.
    It is commonly held that “ought implies can.” If so, what constraints does that place on the law? Having provided an argument which allows the maxim to be used by lawyers, I consider the application of that argument to both primary and remedial legal duties. This, it turns out, gives us some reason to reconsider whether the maxim is sound. Further, even if the maxim is sound, it has less purchase on remedial duties than is commonly supposed.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark