Corrective Justice, Corrected
Diritto & questioni pubbliche, Vol. 12 (2012): 9-37
30 Pages Posted: 2 Aug 2014
There are 2 versions of this paper
Corrective Justice, Corrected
Date Written: 2012
Abstract
In Risks and Wrongs Jules Coleman famously changed his mind about the nature of corrective justice. He gave two reasons for abandoning what he called the “annulment conception” in favour of what he called the “mixed conception.” In this essay I assess the two reasons, and come to the conclusion that neither is a very good one. While the annulment conception should be abandoned, Coleman's two reasons for abandoning it lead him to abandon some good aspects of it, and to retain some bad aspects of it. I suggest some better improvements.
Keywords: Tort law, annulment conception of corrective justice, mixed conception of corrective justice, distributive justice, agent relativity
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