Quantum Physics in Private Law
U of Toronto, Public Law Research Paper No. 01-7
12 Pages Posted: 20 Sep 2001 Last revised: 18 Dec 2014
Izhak Englard argues that Ernest Weinrib's idea of coherence in private law, based solely on corrective justice, must be modified to include distributive justice in order to better fit legal practice. Englard proposes complementarity, a framework accommodating mutually exclusive scientific concepts, as a basis for private law's coherence, based on an analogy between the concepts of light and justice. This analogy is insufficient as an epistemological basis common to science and law upon which complementarity can be applied as Englard suggests. Despite Englard's failure complementarity may yet be applicable to law, based on an epistemological "problem of observation" that science and law share.
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