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Corrective Justice

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Theoretical discussions of restitution and unjust enrichment have recently been drawn into discussions of corrective justice. While not all of us view this development with unbounded enthusiasm (and that's me being unbelievably tactful), nonetheless it cannot be ignored, and some relevant discussion is linked from here.

A discussion of corrective justice would make no sense if confined to restitutionary materials alone (indeed, it is a particularly specialised and difficult area for the theory), and so this page looks more broadly.

For the classical texts on corrective justice, see the Civil and Canon Law page.

Pages marked "(abstract only)" often also link to full content, but for a fee. Institutional readers (especially at universities) may find that they already have access, whether paper or electronic or both.


A Normative Account of Defences to Restitutionary Liability by Ross B Grantham and Charles Rickett  (2008) (University of Queensland TC Beirne School of Law Research Papers) (ssrn.com) PDF

Can Corrective Justice Ground Claims to Territory? by Tamar Meisels  (February 2003) (Journal of Political Philosophy) (abstract only)

Causation and corrective justice: Does tort law make sense? by Larry A Alexander (1987) (Law and Philosophy) (abstract only)

Contract Damages, Corrective Justice and Punishment by Pey-Woan Lee (November 2007) (Modern Law Rev) (ssrn.com) (abstract only)

Corrective Justice and Constitutional Torts by Bernard P Dauenhauer and Michael L Wells (Spring 2001) (Georgia Law Rev) PDF

Corrective Justice and Correlativity in Private Law by Peter Cane (1996) (Oxford Jour of Legal Studies) (abstract only) PDF

Corrective Justice and liability for increasing risks by Christopher Schroeder (UCLA Law Rev) (1990) PDF

Corrective Justice and Personal Responsibility in Tort Law by Allan Beever (2008) (Oxford Journal of Legal Studies) (abstract only) PDF

Corrective Justice and the Paradox of Future Individuals by Christopher Birch  (in Law, Legal Culture and Politics in the Twenty First Century by Günther Doeker-Mach, Alice Erh-Soon Tay, and Klaus A Ziegert (2004))

Corrective Justice and the Possibility of Rectification by Seth RM Lazar (August 2008) (Ethical Theory and Moral Practice) (abstract only)

Corrective Justice and the Revival of Judicial Virtue by Mark C Modak-Truran (2000) (ssrn.com) PDF

Corrective Justice in a Nutshell by Ernest J Weinrib (2002) (University of Toronto Law Jour) (abstract only)

Corrective Justice in an Age of Mass Torts by Arthur Ripstein and Benjamin Zipursky (Google Books) (in Philosophy and the Law of Torts by Gerald J Postema, 2001)  

Corrective Justice in the Confucian Legal Tradition: A Nonexistent Concept by Feng Deng PDF

Corrective Justice, Liability for Risks, and Tort Law by Christopher H Schroder (1990) (UCLA Law Rev) PDF

Correlativity, Personality, and the Emerging Consensus on Corrective Justice by Ernest J Weinrib (2001) (Theoretical Inquiries in Law) (abstract only)

Deterrence and Corrective Justice by Ernest J Weinrib (2002) (UCLA Law Rev) (abstract only)

Distributive and Corrective Justice in the Tort Law of Accidents by Gregory C Keating (2000) (Southern California Law Rev) (ssrn.com)  PDF

Distributive Justice in the Enforcement of Contract by Nili Cohen (ssrn.com) (November 2008) PDF

Duty and Integrity in Tort Law by Alan Calnan (July 2008) (ssrn.com) PDF

Eliminating Corrective Justice by Steven Walt (2006) (Virginia Law Rev) PDF

In Defense of the Liberal Justice Theory of Torts: A Reply to Professors Goldberg and Zipursky by Alan Calnan (2005) (NYU Journal of Law and Liberty) (ssrn.com) PDF

Intellectual Property and Corrective Justice by Jules L Coleman (1992) (Virginia Law Review) (abstract only) PDF

Judging Plaintiffs by Jason M Solomon (February 2008) (UGA Legal Studies Research Papers) (ssrn.com) PDF

Legal theory Lexicon 018: Justice by Lawrence B Solum (Legal Theory Blog)

Liberalism and tort law: on the content of the corrective-justice-securing tort law of a liberal, rights-based society by Richard S Markovits (Univ of Illinois Law Rev) (2006) PDF

On Belling the Cat: Rawls and Corrective Justice by Kevin Kordana and David Tabachnick (November 2006) (Virginia Law Rev) (ssrn.com) PDF  

On the Autonomy of Corrective Justice by Dennis Klimchuk (2003) (Oxford Journal of Legal Studies) (abstract only)

On the economic inefficiency of a liberal-corrective-justice-securing law of torts by Richard S Markovits (Univ of Illinois Law Rev) (2006) PDF

Philosophical Foundations of Proprietary Remedies by Lionel Smith (ssrn.com) (2009) PDF

Property, Corrective Justice, and the Nature of the Cause of the Action in Unjust Enrichment by Andrew Botterell (2007) (ssrn.com) (abstract only)

Questioning the Idea of Correlativity in Weinrib's Theory of Corrective Justice by Ariel Porat (2001) (Theoretical Inquiries in Law) (abstract only)

Reconciling Strict Liability with Corrective Justice in Contract Law by Curtis Bridgeman (2007) (Fordham Law Rev) (ssrn.com) PDF

Restitution: The Heart of Corrective Justice by Lionel Smith WORD

Restitution Without Corrective Justice by Prince Saprai PDF

Restitutionary Damages as Corrective Justice by Ernest J Weinrib (2000) (Theoretical Inquiries in Law) (abstract only)

Rights, Remedies, and Causes of Action by Stephen Smith (ssrn.com) (2008) PDF

The Basis of Corrective Justice and Its Relation to Distributive Justice by Peter Benson (1991) (Iowa Law Rev) (HeinOnline) (abstract only)

The Disintegration of Duty by Ernest J Weinrib (Univ of Toronto Legal Studies Research Papers) (ssrn.com) PDF

The Distributive Foundation of Corrective Justice by Hanoch Dagan (1999) (Michigan Law Rev) (ssrn.com) PDF

The Idea of Private Law by Ernest Joseph Weinrib (1995) (Google Books)

The Mixed Conception of Corrective Justice by Stephen R Perry (1992) (Harvard Journal of Law and Public Policy) (HeinOnline) (abstract only)

The Practice of Principle by Jules L Coleman (1999) (ssrn.com) (abstract only)

The Role of Retributive Justice in the Common Law of Torts: A Descriptive Theory by Ronen Perry (2006) (Tennessee Law Rev) (ssrn.com) PDF

Troubled Foundations for Private Law: A Review Essay of 'The Foundations of Private Law' by James Gordley by Stephen Smith (September 2008) (Canadian Jour of Law and Jurisprudence) (ssrn.com) PDF

Twentieth Century Tort Theory by John CP Goldberg (2002) (Georgetown Law Jour) (ssrn.com) PDF

Unjust enrichment and corrective justice by Dennis Klimchuk (in Understanding Unjust Enrichment, edited by Jason W Neyers, Mitchell McInnes, Stephen GA Pitel (2004))  

Unjust Enrichment: Nearer to Tort than Contract by Stephen Smith (November 2008) (ssrn.com) PDF

What Right Does Unjust Enrichment Law Protect? by Jennifer M Nadler (2008) (Oxford Jour of Legal Studies) (abstract only)


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