Apologies As Corrective Justice in Tort Law: Reparation and Compensation as (Partial) Redemption in a Torts System

Abstract

Apologies have become very fashionable both within and outside the legal systems of the world. The common law world has attempted to encourage apologies by the use of protective legislation which aims to reduce litigation. Apologies can also be used as remedies and this article argues that the tort system, and in particular the law of negligence, can benefit from using apologies as part of the arsenal of compensation. This requires consideration of the nature of loss. The article argues that recognition of a broader view of loss is of benefit and that apologies can assist in recognition of fault (a corrective justice goal) alongside monetary damages to create compensation which better addresses human needs by acting as a bridge between wrong and loss.

Keywords: Apologies, protective legislation, apology, recognition of fault, compensation