This linkage, the paper concludes, helps to explain why aristotle would assign corrective justice such a prominent place in his theory of justice. For the classical texts on corrective justice, see the civil and canon law page. Search the worlds most comprehensive index of fulltext books. Aristotles account of corrective justice describes the form of the private law relationship. Corrective justice and liability for increasing risks duke law. Corrective justice also offers powerful insights into tort law, contract law, and unjust enrichment, among other fields. The book, then, is an attempt to reestablish the law of negligence as a body of law rather than as a branch of. Corrective justice treats the wrong, and the transfer of resources that. Aristotles book on justice is one of three books that appear in both the. Online shopping from a great selection at books store. Civil wrongs and justice in private law oxford private law theory. The concept of corrective justice in recent theories of tort. This paper argues against the view favored by many contemporary scholars that corrective justice in the nicomachean ethics is essentially compensatory and in favor of a bifunctional account according to which corrective justice aims at equalizing inequalities of both goods and evils resulting from various interactions between persons. Corrective justice from aristotle to second order liability.
Yet, theorists provide very different accounts of its content and justification. Corrective justice is one of the two most powerful theories of. Retributive justice while the intent may be to dissuade the perpetrator or others from future wrongdoing, the reoffending rate of many criminals indicates the limited success of this approach. Tilburg university corrective and distributive justice in tort law loth. Restorative justice is also known as corrective justice. Injustice and rectification offers a taxonomy of justice, which sets forth an initial framework for a moral theory of justice and focuses on framing a conception of rectificatory justice. Corrective justice treats the wrong, and the transfer of resources that undoes it, as a single nexus of activity and passivity where actor and victim are defined in relation to each other. In a recent book,1 i set out the contours of a conception of corrective justice, and. Civil wrongs and justice in private law oxford private. Theories of the common law of torts stanford encyclopedia of. Civil wrongs and justice in private law oxford private law theory miller, paul b. Corrective justice theory the most influential noneconomic perspective on tort lawunderstands tort law as embodying a system of first and secondorder duties. In book v, chapter 4, of the nicomachean ethics, aristotle develops.
The conceptual distinction between distributive and corrective justice. The taxonomy is ground for this books eleven other essays, in which a diverse group of authors brings philosophical analysis. Theories of the common law of torts stanford encyclopedia. Corrective justice is a fundamental type of justice, concerned with the reversal of wrongs or the undoing of transactions. A corrective justice theory of antitrust regulation cua law. The theory of strict liability is correct in that liability and recovery in. More specifically, any theory of corrective justice ought to be able to.