The Division of Responsibility and the Law of Tort

30 Pages Posted: 17 Jun 2004

See all articles by Arthur Ripstein

Arthur Ripstein

University of Toronto - Faculty of Law

Abstract

In "A Theory of Justice," Rawls makes almost no mention of the issues of justice that animated philosophers in earlier centuries. There is no discussion of justice between persons, issues that Aristotle sought to explain under the idea of "corrective justice." Nor is there discussion, except in passing, of punishment, another primary focus of the social contract approaches of Locke, Rousseau and Kant. My aim in this article is to argue that implicit in Rawls's writing is a powerful and persuasive account of the normative significance of tort law and corrective justice.

Suggested Citation

Ripstein, Arthur, The Division of Responsibility and the Law of Tort. Available at SSRN: https://ssrn.com/abstract=541522

Arthur Ripstein (Contact Author)

University of Toronto - Faculty of Law ( email )

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