Abstract

http://ssrn.com/abstract=2039444
 


 



Remedial Consilience


Marco Jimenez


Stetson University College of Law

April 13, 2012

Emory Law Journal, vol. 62, no. 5
Stetson University College of Law Research Paper No. 2012-10

Abstract:     
This Article provides a new way of organizing and thinking about what is perhaps the most important, useful, and ubiquitous – yet misunderstood, neglected, and underdeveloped – area in all of law: remedies. Even though remedial issues are present in every case, too little theoretical attention has been paid to them, leaving a wide array of remedial doctrines – ranging from injunctions to declaratory decrees, punitive damages to contempt, and unjust enrichment to specific performance – in search of a unifying theory.

This Article is the first to offer such a theory. Specifically, I argue that the broad array of seemingly distinctive remedies, operating over diverse subject matter areas, can be organized and justified by way of four distinct but related remedial principles: the principles of restoration, retribution, coercion, and protection. Each principle focuses on either the victim or the wrongdoer from a distinct (ex ante or ex post) temporal perspective. These principles, in turn, allow one to organize and unify a large swath of seemingly unique and unrelated remedies under a broad conceptual umbrella.

More importantly, however, by showing that all remedies are little more than specific instantiations of general remedial principles, it is my hope that this Article – by identifying and exploring the relationship between and among these principles – can help judges, practitioners, and policy makers think more clearly about what they are doing, as a descriptive matter, and ought to be doing, as a normative matter, when awarding and justifying a remedy – a matter they must consider no less frequently than in every single case.

Number of Pages in PDF File: 61

Keywords: Contracts, Economics, General Law, Jurisprudence, Law and Economics, Remedies, Torts

Accepted Paper Series


Download This Paper

Date posted: April 13, 2012 ; Last revised: July 25, 2013

Suggested Citation

Jimenez, Marco, Remedial Consilience (April 13, 2012). Emory Law Journal, vol. 62, no. 5; Stetson University College of Law Research Paper No. 2012-10. Available at SSRN: http://ssrn.com/abstract=2039444

Contact Information

Marco Jimenez (Contact Author)
Stetson University College of Law ( email )
1401 61st Street South
Gulfport, FL 33707
United States
(727) 562-7305 (Phone)
(727) 347-3738 (Fax)
HOME PAGE: http://www.law.stetson.edu/faculty/jimenez-marco-j/

Feedback to SSRN


Paper statistics
Abstract Views: 714
Downloads: 108
Download Rank: 143,203
People who downloaded this paper also downloaded:
1. Towards a Borgean Theory of Constitutional Interpretation
By Marco Jimenez

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.297 seconds