Corrective and Distributive Justice PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Corrective and Distributive Justice PDF full book. Access full book title Corrective and Distributive Justice by Izhak Englard. Download full books in PDF and EPUB format.
Author: Izhak Englard
Publisher: Oxford University Press
ISBN: 0199748438
Category : Law
Languages : en
Pages : 256
Get Book Here
Book Description
Corrective and Distributive Justice: From Aristotle to Modern Times retraces the intricate history of the distinction between corrective and distributive justice. This distinction is elaborated in the 5th book of Aristotle's Nicomachean Ethics, which was rediscovered in Western Europe in the 12th and 13th centuries by the Scholastics and turned into a central topic in legal and theological scholarship. After a decline of interest in the wake of the enlightenment and secularization, a surprising revival of these notions of justice occurred in U.S. legal and philosophical discourse during the last four decades that has made this distinction a central issue in tort law, restitution and other important fields of private and public law. In literally hundreds of articles and a considerable number of books, the Aristotelian distinction has been elaborated, discussed, and applied. Englard's unique contribution to this aspect of legal history grants the contemporary reader a historical perspective that is vital for a deepened understanding of the distinction and modern concerns. Organized chronologically, Englard's research covers: Aristotle, High Scholastics, Late Scholastics, Post-Scholastics, and Modernity. The relevant literature is notoriously difficult to access, not only because of its Latin language, but because of the physical rarity of the relevant books scattered throughout the world. This book offers the modern reader a touchstone synthesis of intellectual and legal history.
Author: Izhak Englard
Publisher: Oxford University Press
ISBN: 0199748438
Category : Law
Languages : en
Pages : 256
Get Book Here
Book Description
Corrective and Distributive Justice: From Aristotle to Modern Times retraces the intricate history of the distinction between corrective and distributive justice. This distinction is elaborated in the 5th book of Aristotle's Nicomachean Ethics, which was rediscovered in Western Europe in the 12th and 13th centuries by the Scholastics and turned into a central topic in legal and theological scholarship. After a decline of interest in the wake of the enlightenment and secularization, a surprising revival of these notions of justice occurred in U.S. legal and philosophical discourse during the last four decades that has made this distinction a central issue in tort law, restitution and other important fields of private and public law. In literally hundreds of articles and a considerable number of books, the Aristotelian distinction has been elaborated, discussed, and applied. Englard's unique contribution to this aspect of legal history grants the contemporary reader a historical perspective that is vital for a deepened understanding of the distinction and modern concerns. Organized chronologically, Englard's research covers: Aristotle, High Scholastics, Late Scholastics, Post-Scholastics, and Modernity. The relevant literature is notoriously difficult to access, not only because of its Latin language, but because of the physical rarity of the relevant books scattered throughout the world. This book offers the modern reader a touchstone synthesis of intellectual and legal history.
Author: Ernest J. Weinrib
Publisher: Oxford University Press
ISBN: 0199660646
Category : Law
Languages : en
Pages : 365
Get Book Here
Book Description
Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.
Author: Lord Steyn
Publisher:
ISBN:
Category : Distributive justice
Languages : en
Pages : 24
Get Book Here
Book Description
Author: Tsachi Keren-Paz
Publisher: Routledge
ISBN: 1351144502
Category : Law
Languages : en
Pages : 282
Get Book Here
Book Description
This book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence. Rather than a comprehensive descriptive account of existing tort law, this book pro-actively searches for new approaches and conceptual tools to meet the challenges faced by egalitarians. The understanding of tort law offered in this book will bring about better practical results in specific cases. It supports the progressive troops in the ongoing philosophical and social battles that take place in the field of tort law and also adds another voice - rich, nuanced and sensitive - to the chorus that is tort theory.
Author: Samuel Fleischacker
Publisher: Harvard University Press
ISBN: 9780674036987
Category : Political Science
Languages : en
Pages : 212
Get Book Here
Book Description
Distributive justice in its modern sense calls on the state to guarantee that everyone is supplied with a certain level of material means. Samuel Fleischacker argues that guaranteeing aid to the poor is a modern idea, developed only in the last two centuries. Earlier notions of justice, including Aristotle's, were concerned with the distribution of political office, not of property. It was only in the eighteenth century, in the work of philosophers such as Adam Smith and Immanuel Kant, that justice began to be applied to the problem of poverty. To attribute a longer pedigree to distributive justice is to fail to distinguish between justice and charity. Fleischacker explains how confusing these principles has created misconceptions about the historical development of the welfare state. Socialists, for instance, often claim that modern economics obliterated ancient ideals of equality and social justice. Free-market promoters agree but applaud the apparent triumph of skepticism and social-scientific rigor. Both interpretations overlook the gradual changes in thinking that yielded our current assumption that justice calls for everyone, if possible, to be lifted out of poverty. By examining major writings in ancient, medieval, and modern political philosophy, Fleischacker shows how we arrived at the contemporary meaning of distributive justice.
Author: Gregory Mitchell
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
We report the results of three experiments examining the long-standing debate within tort theory over whether corrective justice is independent of, or parasitic on, distributive justice. Using a "hypothetical societies" paradigm that serves as an impartial reasoning device and permits experimental manipulation of societal conditions, we first tested support for corrective justice in a society where individual merit played no role in determining economic standing. Participants expressed strong support for a norm of corrective justice in response to intentional and unintentional torts in both just and unjust societies. The second experiment tested support for corrective justice in a society where race, rather than individual merit, determined economic standing. The distributive justice manipulation exerted greater effect here, particularly on liberal participants, but support for corrective justice remained strong among non-liberal participants, even against a background of racially unjust distributive conditions. The third experiment partially replicated the first experiment and found that the availability of government-funded insurance had little effect on demands for corrective justice. Overall, the results suggest that, while extreme distributive injustice can moderate support for corrective justice, the norm of corrective justice often dominates judgments about compensatory duties associated with tortious harms.
Author: Ernest J. Weinrib
Publisher: OUP Oxford
ISBN: 019163638X
Category : Law
Languages : en
Pages : 368
Get Book Here
Book Description
Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
Author: Arthur Ripstein
Publisher: Cambridge University Press
ISBN: 131658383X
Category : Philosophy
Languages : en
Pages : 322
Get Book Here
Book Description
This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as distributive justice invite structurally parallel solutions, the author also shows the deep connection between individual responsibility and social equality. This is a challenging and provocative book that will be of special interest to moral and political philosophers, legal theorists, and political scientists.
Author: Nicholas Rescher
Publisher: Transaction Publishers
ISBN: 9781412823296
Category : Philosophy
Languages : en
Pages : 156
Get Book Here
Book Description
In theory and practice, the notion of fairness is far from simple. The principle is often elusive and subject to confusion, even in institutions of law, usage, and custom. In Fairness, Nicholas Rescher aims to liberate this concept from misunderstandings by showing how its definitive characteristics prevent it from being absorbed by such related conceptions as paternalistic benevolence, radical egalitarianism, and social harmonization. Rescher demonstrates that equality before the state is an instrument of justice, not of social utility or public welfare, and argues that the notion of fairness stops well short of a literal egalitarianism. Rescher disposes of the confusions arising from economists' penchant to focus on individual preferences, from decision theorists' concern for averting envy, and from political theorists' sympathy for egalitarianism. In their place he shows how the idea of distributive equity forms the core of the concept of fairness in matters of distributive justice. The coordination of shares with valid claims is the crux of the concept of fairness. In Rescher's view, this means that the pursuit of fairness requires objective rather than subjective evaluation of the goods being shared. This is something quite different from subjective equity based on the personal evaluation of goods by those laying claim to them. Insofar as subjective equity is a concern, the appropriate procedure for its realization is a process of maximum value distribution. Further, Rescher demonstrates that in matters of distributive justice, the distinction between new ownership and preexisting ownership is pivotal and calls for proceeding on very different principles depending on the case. How one should proceed depends on context, and what is adjudged fair is pragmatic, in that there are different requirements for effectiveness in achieving the aims and purposes of the sort of distribution that is intended. Rescher concludes that fairness is a fundamentally ethical concept. Its distinctive modus operandi contrasts sharply with the aims of paternalism, preference-maximizing, or economic advantage. Fairness will be of interest to philosophers, economists, and political scientists. "[Fairness is] one of the most forceful conceptual analysis of fairness yet produced." -Ludwig Beckman, The Review of Metaphysics Nicholas Rescher is University Professor of Philosophy and vice chairman of the Center for Philosophy of Science at the University of Pittsburgh. He has written more than seventy books in various areas of philosophy, including Complexity: A Philosophical Overview and Inquiry Dynamics, both published by Transaction.
Author: Christopher Mbazira
Publisher: PULP
ISBN: 0981412475
Category : Distributive justice
Languages : en
Pages : 283
Get Book Here
Book Description
Litigating Socio-Economic Rights in South Africa: A choice between corrective and distributive justiceby Christopher Mbazira2009ISBN: 978-0-9814124-7-4Pages: viii 273Print version: AvailableElectronic version: Free PDF available.
