David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 30 (1):1-50 (2011)
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
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Ori J. Herstein (2011). A Normative Theory of the Clean Hands Defense. Legal Theory 17 (3):171-208.
John Gardner (2012). Wrongdoing by Results: Moore's Experiential Argument. Legal Theory 1 (1):1-13.
Similar books and articles
H. Sheinman (2003). Tort Law and Corrective Justice. Law and Philosophy 22 (1):21-73.
Jules L. Coleman (1982). Moral Theories of Torts: Their Scope and Limits: Part I. [REVIEW] Law and Philosophy 1 (3):371 - 390.
Jules L. Coleman (1983). Moral Theories of Torts: Their Scope and Limits: Part II. [REVIEW] Law and Philosophy 2 (1):5 - 36.
William Martin (1999). Aristotle and Posner on Corrective Justice. Business Ethics Quarterly 9 (4):651-657.
Gerald J. Postema (ed.) (2001). Philosophy and the Law of Torts. Cambridge University Press.
Ernest J. Weinrib (1983). Toward a Moral Theory of Negligence Law. Law and Philosophy 2 (1):37 - 62.
Christopher J. Robinette, Can There Be a Unified Theory of Torts? A Pluralist Suggestion From History and Doctrine.
Larry A. Alexander (1987). Causation and Corrective Justice: Does Tort Law Make Sense? [REVIEW] Law and Philosophy 6 (1):1 - 23.
Nicole A. Vincent (2008). Book Review of "Torts, Egalitarianism and Distributive Justice" by Tsachi Keren-Paz. [REVIEW] Australian Journal of Legal Philosophy 33:199-204.
Alan Strudler (1992). Mass Torts and Moral Principles. Law and Philosophy 11 (4):297 - 330.
Kenneth W. Simons (1999). Negligence. Social Philosophy and Policy 16 (02):52-.
Barbara LaBossiere (2008). Tort Liability in the United States and Its Threat to Class Action Justice. Philosophy in the Contemporary World 15 (1):112-124.
John Oberdiek (2008). Philosophical Issues in Tort Law. Philosophy Compass 3 (4):734-748.
Added to index2010-11-18
Total downloads73 ( #18,060 of 1,096,845 )
Recent downloads (6 months)4 ( #74,153 of 1,096,845 )
How can I increase my downloads?