Corrective Justice and the Possibility of Rectification

Ethical Theory and Moral Practice 11 (4):355-368 (2008)
  Copy   BIBTEX

Abstract

In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question.

Similar books and articles

Analytics

Added to PP
2009-01-28

Downloads
603 (#27,938)

6 months
106 (#36,560)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Seth Lazar
Australian National University

References found in this work

Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
The metaphysics of morals.Immanuel Kant - 1797/1996 - New York: Cambridge University Press. Edited by Mary J. Gregor.
The Morality of Freedom.Joseph Raz - 1986 - Oxford, GB: Oxford University Press.
Anarchy, State, and Utopia.Robert Nozick - 1974 - Philosophy 52 (199):102-105.
The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.

View all 31 references / Add more references