Civil Recourse and Separation of Wrongs and Remedies

50 Pages Posted: 24 Jul 2011

See all articles by Arthur Ripstein

Arthur Ripstein

University of Toronto - Faculty of Law

Date Written: July 1, 2011

Abstract

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.

Keywords: Civil Recourse theory, tort law, Corrective Justice

Suggested Citation

Ripstein, Arthur, Civil Recourse and Separation of Wrongs and Remedies (July 1, 2011). Florida State University Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1893588 or http://dx.doi.org/10.2139/ssrn.1893588

Arthur Ripstein (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
(416) 978-0735 (Phone)
(416) 978-2648 (Fax)

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