A Theory of Redressive Justice
Andrew S. Gold
Harvard Law School; DePaul University College of Law
October 7, 2011
This Essay proposes a new category of justice between individuals. This category – redressive justice – governs the enforcement of rights by a wronged party against the party who committed the wrong. More precisely, it governs the undoing of a transaction between two parties, either by a right holder, or by a party acting on a right holder’s behalf. Redressive justice is importantly distinct from leading conceptions of corrective, retributive, preventive, and distributive justice. And, as the Essay indicates, redressive justice can also provide insights for explanatory theories of private law.
Number of Pages in PDF File: 35
Keywords: redressive justice, corrective justice, tort theory, contract theory, private law, civil recourse, continuity thesis
Date posted: October 8, 2011 ; Last revised: July 23, 2012
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