[PDF] An Empirical Inquiry Into The Relation Of Corrective Justice To Distributive Justice eBook

Author : Gregory Mitchell
Publisher :
Page : 0 pages
File Size : 27,9 MB
Release : 2011
Category :
ISBN :

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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 : Kjell Törnblom
Publisher : Routledge
Page : 340 pages
File Size : 19,77 MB
Release : 2016-05-23
Category : Law
ISBN : 1317149343

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This interdisciplinary and cross-national volume brings together theory and research by prominent scholars within the areas of distributive and procedural justice, not only featuring work within each area separately, as is commonly done, but also showing how combinations of the two justice orientations might operate to affect justice judgments and guide behaviour. Chapters cover various levels of analysis, from intra-personal to interpersonal to group and societal levels. The volume is divided into four sections: distributive justice, procedural justice, distributive and procedural justice, and methodological issues. Each section is subdivided into two parts, basic research and applied research re: current and important societal issues. Each chapter contains an overview of theoretical and empirical research on a particular topic. The volume is designed for use on courses in social psychology, psychology, sociology, political philosophy, and law.

Author : Izhak Englard
Publisher : Oxford University Press
Page : 256 pages
File Size : 26,87 MB
Release : 2009-02-17
Category : Law
ISBN : 0199748438

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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 : Yale Law Journal
Publisher : Quid Pro Books
Page : 495 pages
File Size : 12,23 MB
Release : 2011-10-20
Category : Law
ISBN : 1610279638

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One of the world's leading law journals is now available in quality ebook formats. This issue of The Yale Law Journal (the first issue of Volume 121, academic year 2011-2012) features new articles and essays on jurisprudence, tort law, and other areas of interest. Contributors include such noted scholars as Jules Coleman, Ariel Porat, and Mark Geistfeld. The issue also features student contributions on counter-terrorism and on felon disenfranchisement. Digital formatting includes linked notes and an active Table of Contents (including linked Tables of Contents for individual articles and essays), as well as linked cross-references and properly presented tables.

Author : Richard S. Gilbert
Publisher : Unitarian Universalist Association of Congregations
Page : 236 pages
File Size : 41,39 MB
Release : 2001
Category : Business & Economics
ISBN : 9781558964167

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Sheds new light on the injustice arising from the widening gap between rich and poor in the United States.

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 399 pages
File Size : 20,45 MB
Release : 2010-05-01
Category : Law
ISBN : 0674033833

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A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Author : Hanoch Dagan
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 18,92 MB
Release : 2020-12-25
Category : Law
ISBN : 1788971620

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This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.

Author : Stefan Traub
Publisher : Springer Nature
Page : 211 pages
File Size : 40,69 MB
Release : 2020-04-29
Category : Business & Economics
ISBN : 3030441210

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This book explores the foundations and potential of a theory of need-based distributive justice, supported by experimental evidence. The core idea is that need-based distributive justice may have some legitimatory advantages over other important principles of distribution, like equality and equity, and therefore involves less dispute over the distribution and redistribution of scarce resources. In seven chapters, eleven scholars from the fields of philosophy, psychology, sociology, political science and economics outline the normative and positive building blocks of such a theory by critically reviewing the literature on distributive justice from their respective disciplinary perspectives. They address important theoretical and practical issues concerning the rationality of needs identification at the individual level and the recognition of needs at the societal level. They also investigate whether and how the dynamics of distribution procedures that allocate resources according to the need principle leads to social stability, focusing on the economic incentives that arise from need-based redistribution. The final chapter provides a synthesis and outlines a framework for a theory of justice based on ten hypotheses derived from the insights presented.

Author : Dale A. Nance
Publisher : Cambridge University Press
Page : 345 pages
File Size : 36,46 MB
Release : 2016-03-11
Category : Law
ISBN : 1316539032

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Adjudicative tribunals in both criminal and non-criminal cases rely on the concept of the 'burden of proof' to resolve uncertainty about facts. Perhaps surprisingly, this concept remains clouded and deeply controversial. Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for all practical decision-making, including adjudication. Although the idea that evidence must favor one side over the other to a specified degree, such as 'beyond reasonable doubt', is familiar, less well-understood is an idea associated with the work of John Maynard Keynes, namely that there are requirements on the total amount of evidence considered to decide the case. The author expertly explores this distinct Keynesian concept and its implications. Hypothetical examples and litigated cases are included to assist understanding of the ideas developed. Implications include an expanded conception of the burden of producing evidence and how it should be administered.

Author : Jon A. Krosnick
Publisher : Psychology Press
Page : 514 pages
File Size : 10,52 MB
Release : 2016-11-10
Category : Psychology
ISBN : 1315445662

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In recent decades, research in political psychology has illuminated the psychological processes underlying important political action, both by ordinary citizens and by political leaders. As the world has become increasingly engaged in thinking about politics, this volume reflects exciting new work by political psychologists to understand the psychological processes underlying Americans’ political thinking and action. In 13 chapters, world-class scholars present new in-depth work exploring public opinion, social movements, attitudes toward affirmative action, the behavior of political leaders, the impact of the 9/11 attacks, and scientists’ statements about global warming and gasoline prices. Also included are studies of attitude strength that compare the causes and consequences of various strength-related constructs. This volume will appeal to a wide range of researchers and students in political psychology and political science, and may be used as a text in upper-level courses requiring a scholarly and contemporary review of major issues in the field.