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Ernest J. Weinrib [11]Ernest Joseph Weinrib [8]
  1.  57
    The Idea of Private Law.Ernest Joseph Weinrib - 1995 - Harvard University Press.
    The book combines philosophical exposition and legal analysis, and pays special attention to issues of tort law.
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  2.  17
    Corrective Justice.Ernest Joseph Weinrib - 2012 - 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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  3. The Idea of Private Law.Ernest J. Weinrib - 1995 - 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.  5
    Restitutionary Damages as Corrective Justice.Ernest J. Weinrib - 2000 - Theoretical Inquiries in Law 1 (1).
    For corrective justice, liability is the consequence of the parties' being correlatively situated as the doer and sufferer of an injustice, and the remedy is seen as undoing that injustice to the extent possible. Combining consideration of legal doctrine and private law theory, this article applies the framework of corrective justice to gain-based damages for torts. Within this framework, restitutionary damages ought to be available only insofar as they correspond to a constituent element in the injustice that the defendant has (...)
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  5. Toward a Moral Theory of Negligence Law.Ernest J. Weinrib - 1983 - 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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  6. Obedience to the Law in Plato's Crito.Ernest J. Weinrib - 1982 - 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. Legal Formalism.Ernest J. Weinrib - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell.
     
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  8.  36
    Aristotle's Forms of Justice.Ernest J. Weinrib - 1989 - 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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  9.  13
    Ownership, Use, and Exclusivity: The Kantian Approach.Ernest J. Weinrib - 2018 - Ratio Juris 31 (2):123-138.
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  10.  15
    Causal Uncertainty.Ernest J. Weinrib - 2016 - 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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  11.  4
    Correlativity, Personality, and the Emerging Consensus on Corrective Justice.Ernest J. Weinrib - 2001 - Theoretical Inquiries in Law 2 (1).
    Over the last few decades, corrective justice has established itself as central to serious academic discussion of the normative dimension of tort liability. This article describes the consensus about corrective justice that is presently emerging, as is evident from work of the author and from recent work of other tort theorists. The framework for discussing this emerging consensus is what the article calls "the juridical conception of corrective justice." The juridical conception seeks to explicate the most general ideas implicit in (...)
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  12. Howard Williams, Kant's Political Philosophy Reviewed By.Ernest J. Weinrib - 1984 - Philosophy in Review 4 (6):301-302.
     
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  13. Legal Philosophy.Alan Brudner, Ernest Joseph Weinrib, Brian Langille & Jennifer Nedelsky - 1989 - Faculty of Law, University of Toronto.
     
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  14. Legal Theory.Wayne Sumner & Ernest Joseph Weinrib - 1988 - Faculty of Law, University of Toronto.
     
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