Compensation and Continuity
forthcoming in Legal Theory
25 Pages Posted: 18 Jul 2019 Last revised: 10 Dec 2020
Date Written: July 18, 2019
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: Suggested Citation