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Corrective justice and personal responsibility in tort law

Corrective justice and personal responsibility in tort law
Corrective justice and personal responsibility in tort law
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.
0143-6503
475-500
Beever, Allan
d6fc17ac-e12b-4e30-a646-edb3e5edf595
Beever, Allan
d6fc17ac-e12b-4e30-a646-edb3e5edf595

Beever, Allan (2008) Corrective justice and personal responsibility in tort law. Oxford Journal of Legal Studies, 28 (3), Autumn Issue, 475-500. (doi:10.1093/ojls/gqn017).

Record type: Article

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.

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Published date: 2008

Identifiers

Local EPrints ID: 147951
URI: http://eprints.soton.ac.uk/id/eprint/147951
ISSN: 0143-6503
PURE UUID: 355b0ba1-6515-4369-a9ef-2c50cddc88c2

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Date deposited: 27 Apr 2010 08:38
Last modified: 14 Mar 2024 01:00

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Author: Allan Beever

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