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On the relationship between corrective and distributive justice

In Jeremy Horder (ed.), Oxford Essays in Jurisprudence. Oxford University Press. pp. 237--4 (2000)

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  1. The priority of respect over repair.Gregory C. Keating - 2012 - Legal Theory 18 (3):293-337.
    Contemporary tort theory is dominated by a debate between legal economists and corrective-justice theorists. Legal economists suppose that tortfeasors and tortious wrongs are false targets for cheapest cost-avoiders and avoidable future losses. Corrective-justice theorists argue powerfully that the economic account of tort as search for cheapest cost-avoiders with respect to future accidents does not capture the most fundamental fact about tort adjudication, namely, that the reason we hold defendants liable in tort is that they have wronged their victims and should (...)
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  • Affective injustice and fundamental affective goods.Francisco Gallegos - 2021 - Journal of Social Philosophy 53 (2):185-201.
    Although previous treatments of affective injustice have identified some particular types of affective injustice, the general concept of affective injustice remains unclear. This article proposes a novel articulation of this general concept, according to which affective injustice is defined as a state in which individuals or groups are deprived of “affective goods” which are owed to them. On this basis, I sketch an approach to the philosophical investigation of affective injustice that begins by establishing which affective goods are fundamental, and (...)
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  • The limits of a nonconsequentialist approach to torts.Barbara H. Fried - 2012 - Legal Theory 18 (3):231-262.
    The nonconsequentialist revival in tort theory has focused almost exclusively on one issue: showing that the rules governing compensation for acts reflect corrective justice rather than welfarist norms. The literature either is silent on what makes an act wrongful in the first place or suggests criteria that seem indistinguishable from some version of cost/benefit analysis. As a result, cost/benefit analysis is currently the only game in town for determining appropriate standards of conduct for socially useful but risky acts. This is (...)
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  • Benefiting from Injustice and the Common-Source Problem.Göran Duus-Otterström - 2017 - Ethical Theory and Moral Practice 20 (5):1067-1081.
    According to the Beneficiary Pays Principle, innocent beneficiaries of an injustice stand in a special moral relationship with the victims of the same injustice. Critics have argued that it is normatively irrelevant that a beneficiary and a victim are connected in virtue of the same unjust 'source'. The aim of this paper is to defend the Beneficiary Pays Principle against this criticism. Locating the principle against the backdrop of corrective justice, it argues that the principle is correct in saying that (...)
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