David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Aristotle's discussion of corrective justice has been generally thought to mark the beginning of the philosophical examination of tort law. In addition, many scholars consider corrective justice, of one form or another, the main normative alternative to the economic analysis of law for explaining not only tort law but also private law and law in general. Most discussions of Aristotle’s conception of corrective justice in the law review literature, however, have failed to account for the established reading of Aristotle’s Nicomachean Ethics as proposing a teleological form of ethics. Accordingly, Corrective Justice and the Revival of Judicial Virtue argues for a teleological interpretation of Aristotle's conception of corrective justice. The teleological conception of corrective justice does not attempt to analyze corrective justice merely as a formal (Weinrib), substantive (Wright), or political (Heyman) conception of equality or freedom that can be applied by technical reason to various circumstances. Rather, it maintains that corrective justice is a moral virtue of the judge that cannot be fully understood without specifying its relationship to practical wisdom and the telos of the good life. Under this reading, Aristotle’s conception of corrective justice specifies a method of judicial decision making whereby only the practically wise (i.e., morally virtuous) judge can know the content of corrective justice in all cases. Judging requires moral virtue not technical, philosophical or legal, expertise. Consequently, this article advocates a revival of Aristotle’s notion that judicial virtue requires moral virtue.
|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
No citations found.
Similar books and articles
Jules L. Coleman (1982). Moral Theories of Torts: Their Scope and Limits: Part I. [REVIEW] Law and Philosophy 1 (3):371 - 390.
Izhak Englard (2009). Corrective and Distributive Justice: From Aristotle to Modern Times. Oxford University Press.
Lawrence B. Solum (2003). Virtue Jurisprudence a Virtue–Centred Theory of Judging. Metaphilosophy 34 (1/2):178--213.
Xianzhong Huang (2007). Justice as a Virtue: An Analysis of Aristotle's Virtue of Justice. [REVIEW] Frontiers of Philosophy in China 2 (2):265-279.
John Gardner (2011). What is Tort Law For? Part 1. The Place of Corrective Justice. Law and Philosophy 30 (1):1-50.
Ernest J. Weinrib (1983). Toward a Moral Theory of Negligence Law. Law and Philosophy 2 (1):37 - 62.
William Martin (1999). Aristotle and Posner on Corrective Justice. Business Ethics Quarterly 9 (4):651-657.
H. Sheinman (2003). Tort Law and Corrective Justice. Law and Philosophy 22 (1):21-73.
Added to index2009-01-28
Total downloads32 ( #53,236 of 1,098,626 )
Recent downloads (6 months)2 ( #174,018 of 1,098,626 )
How can I increase my downloads?