Corrective Justice

Weinrib, Ernest J.

doi:10.1093/acprof:oso/9780199660643.001.0001

Cited by 95 publications

(20 citation statements)

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“…The 'elements of liability under corrective justice can be explicated only in terms of concepts whose normative force applies simultaneously to both parties'. 42 Unlike distributive justice, corrective justice takes the parties to be equal. For corrective justice 'liability involves a conception of fairness that recognizes the equal normative status of the two parties and treats their normative positions as mirror images of each other'.…”

Section: Distributive and Corrective Justicementioning

confidence: 99%

Corrective Justice Among States

Eleftheriadis¹

2020

Jus Cogens

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The debate concerning solidarity and justice among states has missed the key contribution made to international affairs by corrective justice. Unlike distributive justice, which applies within states, corrective justice applies among states. It applies in particular to cooperative arrangements creating interdependence among them. Corrective justice does not require fairness in outcomes. It requires redress in cases of loss caused by unfairness. An illustration of corrective justice among states is the Eurozone's response to the financial crisis. The assistance offered to the most burdened states was not as an attempt to arrive at fair shares but an attempt to remedy the losses unfairly caused by the mistakes made by the Eurozone as a whole, when designing its basic architecture.

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Section: Distributive and Corrective Justicementioning

confidence: 99%

Corrective Justice Among States

Eleftheriadis¹

2020

Jus Cogens

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“…8;Katz 2014;Shavell 2004, pt. III), solidarity and collaboration (Jamin 2001;Lurger 1998;Markovits 2004Markovits , 1421, corrective justice (Gordley 2001;Weinrib 2012), or tradition (Zimmermann 2011).…”

Section: Contract Law and The Right To Justificationmentioning

confidence: 99%

The Right to Justification of Contract

Hesselink

2020

Ratio Juris

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This paper defends a right to the justification of contract, with reciprocal and general reasons, and explores its main implications for the law of contract and its theory. It argues that the leading essentialist and other monist contract theories, offering blueprints for an ideal contract law based on the alleged ultimate value or essential characteristic of contract law, cannot justify the basic structure of contract law. Instead, it argues, a critical discourse theory of contract can contribute to the realisation of the right to justification of contract by exposing patterns of contractual injustice, in particular exploitation and domination by contract, that contract law can and should prevent.

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“…Indeed, Weinrib himself embraces the argument of circularity, stating that it 'is a consequence of the self-contained nature of intelligibility.' 53 Such formalist accounts of law are almost exclusively focused on questions of private law, 54 in which questions can be framed within the Aristotelean account of corrective justice, with its pseudomathematical structures. On this view, questions of distributive justice, according to the celebrated Aristotelean dichotomy lie outside law in the central formalist account.…”

Section: Multiple Choice Tests and The Nature Of Legal Truth: Bivalenmentioning

confidence: 99%

SQEezing the jurisprudence out of the SRA’s super exam: the SQE’s Bleak Legal Realism and the rejection of law’s multimodal truth

Mason

2018

The Law Teacher

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Corrective Justice

Cited by 95 publications

References 0 publications

Corrective Justice Among States

Corrective Justice Among States

The Right to Justification of Contract

SQEezing the jurisprudence out of the SRA’s super exam: the SQE’s Bleak Legal Realism and the rejection of law’s multimodal truth

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