Civil Recourse and Separation of Wrongs and Remedies
University of Toronto - Faculty of Law
July 1, 2011
Florida State University Law Review, Forthcoming
In developing their Civil Recourse theory of tort law, John Goldberg and Benjamin Zipursky seek to separate Civil Recourse from Corrective Justice by showing that tort law does not work in the ways in which corrective justice theory says that it must. The strategy of separation, in turn, rests on a separation between wrongs and remedies, a separation between ideas of risk and ideas of ordinariness, a separation between abstract characterizations of rights and contingent social norms, and, finally, a separation between a wrong done against the plaintiff and her power to exact a remedy. I argue that none of these separations can be made.
Number of Pages in PDF File: 50
Keywords: Civil Recourse theory, tort law, Corrective Justice
Date posted: July 24, 2011
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