Compensation and Continuity

25 Pages Posted: 18 Jul 2019 Last revised: 17 Sep 2019

Date Written: July 18, 2019

Abstract

This paper is about the justification of moral duties to compensate. It examines one family of justifications for these duties - justifications which hold that the duty to compensate is justified as a continuation of the original duty breached, the reasons justifying that duty, or the right infringed or violated. It clarifies these accounts, tests them against largely undiscussed objections, and offers a qualified defence.

Keywords: Compensation, Private Law Theory, Duty, Right, Fairness, Morality

Suggested Citation

Steel, Sandy, Compensation and Continuity (July 18, 2019). Oxford Legal Studies Research Paper No. 49/2019. Available at SSRN: https://ssrn.com/abstract=3422418 or http://dx.doi.org/10.2139/ssrn.3422418

Sandy Steel (Contact Author)

University of Oxford ( email )

Oxford, Oxfordshire OX1 4AU
United Kingdom

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