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Corrective justice, the Continuity Thesis, and the duty of care in negligence law: lessons from John Gardner’s From Personal Life to Private Law

Corrective justice, the Continuity Thesis, and the duty of care in negligence law: lessons from John Gardner’s From Personal Life to Private Law
Corrective justice, the Continuity Thesis, and the duty of care in negligence law: lessons from John Gardner’s From Personal Life to Private Law
In his writings on the philosophy of private law, which form part of his body of work on norms and normative puzzles regarding private relations more broadly, John Gardner has explored moral values (of which justice, corrective or distributive, is only one example) and the domain of legal rules (from tort to contract, and beyond). His exploration has often been conducted in light of felicitous or merely intended ways in which rules allow law’s subjects to pursue values. In this respect, the title of his recently published monograph, From Personal Life to Private Law, is a fitting one. Not only for the book itself, but also for what could be a future collection of his yet ungathered articles and chapters that complement the monograph, when it comes to its portrayal of private law. The portrayal itself is multifaceted, but accessible in its entirety from a strikingly straightforward standpoint: from Gardner’s perspective, private law emerges as the sphere in which persons are to relate to each other as equal holders of rights and duties, and as bearers of their own (or, where appropriate, others’) losses. This article borrows Gardner’s spectacles to take a closer look at a specific instance of rendering one person the bearer of another’s losses and at some normative intricacy that such a reversal of the said burden of losses may give rise to.
34-49
Psarras, Haris
09a970ac-0e94-46f3-b19b-f74e6a9974b0
Psarras, Haris
09a970ac-0e94-46f3-b19b-f74e6a9974b0

Psarras, Haris (2019) Corrective justice, the Continuity Thesis, and the duty of care in negligence law: lessons from John Gardner’s From Personal Life to Private Law. Jerusalem Review of Legal Studies, 19 (1), 34-49. (doi:10.1093/jrls/jly025).

Record type: Article

Abstract

In his writings on the philosophy of private law, which form part of his body of work on norms and normative puzzles regarding private relations more broadly, John Gardner has explored moral values (of which justice, corrective or distributive, is only one example) and the domain of legal rules (from tort to contract, and beyond). His exploration has often been conducted in light of felicitous or merely intended ways in which rules allow law’s subjects to pursue values. In this respect, the title of his recently published monograph, From Personal Life to Private Law, is a fitting one. Not only for the book itself, but also for what could be a future collection of his yet ungathered articles and chapters that complement the monograph, when it comes to its portrayal of private law. The portrayal itself is multifaceted, but accessible in its entirety from a strikingly straightforward standpoint: from Gardner’s perspective, private law emerges as the sphere in which persons are to relate to each other as equal holders of rights and duties, and as bearers of their own (or, where appropriate, others’) losses. This article borrows Gardner’s spectacles to take a closer look at a specific instance of rendering one person the bearer of another’s losses and at some normative intricacy that such a reversal of the said burden of losses may give rise to.

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JRLS Haris Psarras - Accepted Manuscript
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Accepted/In Press date: 15 October 2018
e-pub ahead of print date: 14 June 2019
Published date: June 2019

Identifiers

Local EPrints ID: 426017
URI: http://eprints.soton.ac.uk/id/eprint/426017
PURE UUID: b5b13071-169d-4a48-9604-e78c977adb77
ORCID for Haris Psarras: ORCID iD orcid.org/0000-0003-2473-4335

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Date deposited: 09 Nov 2018 17:30
Last modified: 14 Oct 2020 04:01

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