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Ernest J. Weinrib [9]Ernest Joseph Weinrib [8]
  1.  6
    Ernest Joseph Weinrib (2012). Corrective Justice. Oxford University Press.
    Correlativity and personality -- The disintegration of duty -- Remedies -- Gain-based damages -- Punishment and disgorgement as contract remedies -- Unjust enrichment -- Incontrovertible benefit in Jewish law -- Poverty and property in Kant's system of rights -- Can law survive legal education?
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  2.  44
    Ernest Joseph Weinrib (1995). The Idea of Private Law. Harvard University Press.
    The book combines philosophical exposition and legal analysis, and pays special attention to issues of tort law.
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  3. Ernest J. Weinrib (2012). The Idea of Private Law. Oxford University Press Uk.
    This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.
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  4.  89
    Ernest J. Weinrib (1983). Toward a Moral Theory of Negligence Law. Law and Philosophy 2 (1):37 - 62.
    This paper explores how the widely acknowledged conception of tort law as corrective justice is to be applied to the law of negligence. Corrective justice is an ordering of transactions between two parties which restores them to an antecedent equality. It is thus incompatible with the comprehensive aggregation of utilitarianism, and it stands in easy harmony with Kantian moral notions. This conception of negligence law excludes both maximizing theories, such as Holmes' and Posner's, and Fried's risk pool, which combines Kantianism (...)
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    Ernest J. Weinrib (2016). Causal Uncertainty. Oxford Journal of Legal Studies 36 (1):135-164.
    This article examines, from the standpoint of corrective justice, three basic situations of causal uncertainty in the law of negligence. In the first situation the uncertainty is about which of the possible defendants wrongfully caused the injury. In the second situation the uncertainty is whether the injury resulted from the innocent or the wrongful aspect of the defendant’s activity. In the third situation the uncertainty is whether the defendant’s negligence failed to prevent the materialisation of an independently existing risk. In (...)
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    Ernest J. Weinrib (1982). Obedience to the Law in Plato's Crito. American Journal of Jurisprudence 27 (1):85-108.
    Plato's Crito is not a treatise on obedience to the law, but a dialogue whose interpretation is not determined by its surface meaning. The initial dream is not mere ornamentation; rather it points to the range of possibilities in Socrates' situation. The speeches of the Laws, with which the dialogue closes, are not intended to be philosophically cogent, since they are inconsistent with the principles laid out in the preceding conversation between Socrates and Crito. The arguments of the Laws are (...)
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  7.  19
    Ernest J. Weinrib (1989). Aristotle's Forms of Justice. Ratio Juris 2 (3):211-226.
    . In Aristotle's account, corrective and distributive justice are not particular substantive ideals, but are rather the formal patterns that inhere in interactions and in the legal arrangements that regulate them. Corrective and distributive justice are the structures of ordering internal to transactions and distributions, respectively. The Aristotelian. forms of justice thus constitute the rationality immanent to the relation ships of mutually external beings. This article stresses Aristotle's formalism, contrasting it to modem instrumental conceptions of legal rationality, and defending it (...)
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  8. Ernest J. Weinrib (1984). Howard Williams, Kant's Political Philosophy Reviewed By. Philosophy in Review 4 (6):301-302.
     
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  9. Alan Brudner, Ernest Joseph Weinrib, Brian Langille & Jennifer Nedelsky (1989). Legal Philosophy. Faculty of Law, University of Toronto.
     
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  10. Ernest J. Weinrib (2012). Corrective Justice. Oxford University Press Uk.
    Private law governs our most pervasive relationships with other persons: the wrongs we do to another, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. This book deals with the largest organizing ideas for this domain of law. It shows how a distinctive notion of justice provides the special morality intrinsic to private law relationships. This kind of justice exhibits what it means for private law liability to be fair and coherent. (...)
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  11. Ernest J. Weinrib (1996). Legal Formalism. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers
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  12. Ernest J. Weinrib (2012). The Idea of Private Law. Oxford University Press Uk.
    This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.
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