Formalising formalism: Weinrib, Aristotle, and the nature of private law

Jurisprudence 9 (3):486-503 (2018)
  Copy   BIBTEX

Abstract

ABSTRACTErnest Weinrib claims that the purpose of private law is to correct injustices between private parties and the use of private laws for consequentialist ends is a distortion. Weinrib’s primary argument highlights the distinctiveness of corrective justice and distributive justice. Weinrib claims to have an Aristotelian proof for their distinctiveness, but formalisation of and commentary on this aspect of his argument are lacking. This piece fills that gap in the literature. It provides purposely and strategically simple formal models of the structure of corrective and distributive justice, and demonstrates that they are not reducible to one another and cannot be placed under a larger, non-trivial mathematical formula that generalises for even a large number of private law cases.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 93,612

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Weinrib on Unjust Enrichment.Prince Saprai - 2011 - Canadian Journal of Law and Jurisprudence 24 (1):183-204.
The Idea of Private Law. [REVIEW]C. B. Gray - 1996 - Review of Metaphysics 50 (1):194-194.
Private Law and Justice.Sandy Steel - 2013 - Oxford Journal of Legal Studies 33 (3):607-628.
Aristotle's Forms of Justice.Ernest J. Weinrib - 1989 - Ratio Juris 2 (3):211-226.
Professor Weinrib on Corrective Justice.Wilfrid J. Waluchow - 1987 - In Spiro Panagiotou (ed.), Justice, Law and Method in Plato and Aristotle. Academic Printing &. pp. 153-159.
Justice in private law.Peter Jaffey - 2023 - New York: Hart.

Analytics

Added to PP
2018-03-04

Downloads
22 (#701,318)

6 months
5 (#838,466)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references