[PDF] Corrective And Distributive Justice eBook

Author : Izhak Englard
Publisher : Oxford University Press
Page : 256 pages
File Size : 30,55 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 : Ernest J. Weinrib
Publisher : Oxford University Press
Page : 365 pages
File Size : 48,31 MB
Release : 2012-09-20
Category : Law
ISBN : 0199660646

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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 : Tsachi Keren-Paz
Publisher : Routledge
Page : 282 pages
File Size : 17,7 MB
Release : 2018-12-20
Category : Law
ISBN : 1351144502

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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
Page : 212 pages
File Size : 15,37 MB
Release : 2005-09-06
Category : Political Science
ISBN : 9780674036987

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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 :
Page : 0 pages
File Size : 16,57 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 : Arthur Ripstein
Publisher : Cambridge University Press
Page : 322 pages
File Size : 46,40 MB
Release : 1998-10-28
Category : Philosophy
ISBN : 131658383X

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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
Page : 156 pages
File Size : 33,37 MB
Release :
Category : Philosophy
ISBN : 9781412823296

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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
Page : 283 pages
File Size : 50,57 MB
Release : 2009
Category : Distributive justice
ISBN : 0981412475

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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.

Author : Leo Montada
Publisher : Springer Science & Business Media
Page : 296 pages
File Size : 49,93 MB
Release : 2013-06-29
Category : Psychology
ISBN : 1475799276

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What role does justice play in the formation of public opinion and the scholarly debates about social problems? Does the perception of injustice force problems to appear on the political agenda? Does the perception of an injustice give momentum to social change? Or are violations of self-interest or threats to one's material welfare the more important factors? Or are empathy-driven concerns for the needy and the disadvan taged motivations to solve societal problems? What is known about the role justice concerns play in leadership? In several chapters of this volume, justice concerns and justice motives are viewed in relation to other concerns and motivations; welfare, self-interest, altruism. It is argued that the consensus of political theorists converges on mutual advantage as the main criterion of acceptable solutions to solving socie tal problems. In economics, self-interest is considered the driving force and provides the criterion of acceptable solutions. Sociological and social psychological exchange theories share these basic assumptions. Thus, questions are raised and answered concerning how justice and these other important motives appear in the analyses of societal prob lems and the search for solutions. Moreover, in addition to the issue of conflicting motives-self interest, altruism, justice-it is commonly recognized that the definition of what is just and what is unjust is open to question. In public as well as in scientific dialogues, diverging views about justice have to be integrated or decided upon.