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A Theory of Redressive Justice

35 Pages Posted: 8 Oct 2011 Last revised: 23 Jul 2012

Andrew S. Gold

DePaul University College of Law

Date Written: October 7, 2011

Abstract

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.

Keywords: redressive justice, corrective justice, tort theory, contract theory, private law, civil recourse, continuity thesis

Suggested Citation

Gold, Andrew S., A Theory of Redressive Justice (October 7, 2011). Available at SSRN: https://ssrn.com/abstract=1940594 or http://dx.doi.org/10.2139/ssrn.1940594

Andrew S. Gold (Contact Author)

DePaul University College of Law ( email )

25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States
312-362-5927 (Phone)

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