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Torts and Rights

Oxford University Press UK (2007)

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  1. Negotiation as an Intersubjective Process: Creating and Validating Claim-Rights.Alexios Arvanitis & Antonis Karampatzos - 2013 - Philosophical Psychology 26 (1):89-108.
    Negotiation is mainly treated as a process through which counterparts try to satisfy their conflicting interests. This traditional, subjective approach focuses on the interests-based relation between subjects and the resources which are on the bargaining table; negotiation is viewed as a series of joint decisions regarding the relation of each subject to the negotiated resources. In this paper, we will attempt to outline an intersubjective perspective that focuses on the communication-based relation among subjects, a relation that is founded upon communicative (...)
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  • Contractual Performance, Corrective Justice, and Disgorgement for Breach of Contract.Andrew Botterell - 2010 - Legal Theory 16 (3):135-160.
    This paper is about the remedy of disgorgement for breach of contract. In it I argue for two conclusions. I first argue that, prima facie at least, disgorgement damages for breach of contract present something of a puzzle. But second, I argue that if we pay close attention to the notion of contractual performance, this puzzle can be resolved in a way that is consistent with principles of corrective justice. In particular, I suggest that even if a contract gives the (...)
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  • Paying a Price, Facing a Fine, Counting the Cost: The Differences That Make the Difference.Mark Migotti - 2015 - Ratio Juris 28 (3):372-391.
    In this paper I show that penalties are not prices, and explain why the difference matters. In section one, I set up the problem which the following two sections will solve: namely, that it is easy enough to make certain kinds of penalties look just like prices. In section two, I lay out and dismantle an argument for reducing the former to the latter; and in section three I dismantle an argument for taking penalties and prices to be pragmatically equivalent, (...)
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