Date: Mon, 17 Nov 2008 19:55
From: Jason Neyers
Subject: Corrective Justice and Personal Responsibility in Tort Law
Many of you will be interested in a new article written by ODG contributor Allan Beever. In “Corrective Justice and Personal Responsibility in Tort Law” (Oxford Journal of Legal Studies, Vol. 28, No. 3 (2008), pp. 475–500) the theories of Burrows, Cane, Wright, Honoré, Morgan, Weinrib, and Coleman (amongst others) are discussed.
From the Abstract:
It is sometimes argued that tort law is, or ought to be understood as, a system of personal responsibility and corrective justice. Moreover, it is often assumed that these notions are identical, or at least compatible. In fact, however, personal responsibility and corrective justice are very different concepts and they produce very different pictures of the law. The article demonstrates this by comparing the way in which personal responsibility and corrective justice deal with three important problems: the presence of non-subjective standards in the law, the place of liability insurance, and the relationship between law and politics.
Associate Professor of Law &
Cassels Brock LLP Faculty Fellow in Contract Law
Faculty of Law
University of Western Ontario
(519) 661-2111 x. 88435
Previous Message ~ Index ~ Next