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Corrective and Distributive Justice

2009-02-17 Law
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Release : 2009-02-17
Genre : Law
Kind : eBook
Book Rating : 438/5 ( reviews)

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Book Synopsis Corrective and Distributive Justice by : Izhak Englard

Download or read book Corrective and Distributive Justice written by Izhak Englard. This book was released on 2009-02-17. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Corrective Justice

2016-08-04 Law
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Release : 2016-08-04
Genre : Law
Kind : eBook
Book Rating : 650/5 ( reviews)

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Book Synopsis Corrective Justice by : Ernest J. Weinrib

Download or read book Corrective Justice written by Ernest J. Weinrib. This book was released on 2016-08-04. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Perspectives of Corrective and Distributive Justice in Tort Law

2002 Distributive justice
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Release : 2002
Genre : Distributive justice
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Book Rating : /5 ( reviews)

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Book Synopsis Perspectives of Corrective and Distributive Justice in Tort Law by : Lord Steyn

Download or read book Perspectives of Corrective and Distributive Justice in Tort Law written by Lord Steyn. This book was released on 2002. Available in PDF, EPUB and Kindle. Book excerpt:

Torts, Egalitarianism and Distributive Justice

2018-12-20 Law
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Release : 2018-12-20
Genre : Law
Kind : eBook
Book Rating : 502/5 ( reviews)

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Book Synopsis Torts, Egalitarianism and Distributive Justice by : Tsachi Keren-Paz

Download or read book Torts, Egalitarianism and Distributive Justice written by Tsachi Keren-Paz. This book was released on 2018-12-20. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Short History of Distributive Justice

2005-09-06 Political Science
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Release : 2005-09-06
Genre : Political Science
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Book Rating : 987/5 ( reviews)

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Book Synopsis A Short History of Distributive Justice by : Samuel Fleischacker

Download or read book A Short History of Distributive Justice written by Samuel Fleischacker. This book was released on 2005-09-06. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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