Post by Sapphire Capital on Sept 25, 2008 4:27:53 GMT 4
Corrective Justice and Personal Responsibility in Tort Law
Allan Beever
University of Auckland - Faculty of Law
Oxford Journal of Legal Studies, Vol. 28, Issue 3, pp. 475-500, 2008
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.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1260601
Allan Beever
University of Auckland - Faculty of Law
Oxford Journal of Legal Studies, Vol. 28, Issue 3, pp. 475-500, 2008
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.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1260601