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Ernest J. Weinrib [10]Ernest Joseph Weinrib [9]
  1.  25
    The Idea of Private Law.Ernest Joseph Weinrib - 1995 - Oxford, United Kingdom: Oxford University Press UK.
    This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.
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  2.  7
    The idea of private law.Ernest Joseph Weinrib - 1995 - Cambridge: Harvard University Press.
    The book combines philosophical exposition and legal analysis, and pays special attention to issues of tort law.
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  3.  14
    Corrective justice.Ernest Joseph Weinrib - 2012 - Oxford, United Kingdom: Oxford University Press.
    Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers.
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  4.  19
    Toward a moral theory of negligence law.Ernest J. Weinrib - 1983 - Law and Philosophy 2 (1):37 - 62.
    This paper explores how the widely acknowledged conception of tort law as corrective justice is to be applied to the law of negligence. Corrective justice is an ordering of transactions between two parties which restores them to an antecedent equality. It is thus incompatible with the comprehensive aggregation of utilitarianism, and it stands in easy harmony with Kantian moral notions. This conception of negligence law excludes both maximizing theories, such as Holmes' and Posner's, and Fried's risk pool, which combines Kantianism (...)
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  5.  4
    Legal Formalism.Ernest J. Weinrib - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 327–338.
    This chapter contains sections titled: The Project of Formalism The Nature of Justification The Structures of Justification The Ground of Justification The Immanent Intelligibility of Law Conclusion References.
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  6.  3
    Restitutionary Damages as Corrective Justice.Ernest J. Weinrib - 2000 - Theoretical Inquiries in Law 1 (1).
    For corrective justice, liability is the consequence of the parties' being correlatively situated as the doer and sufferer of an injustice, and the remedy is seen as undoing that injustice to the extent possible. Combining consideration of legal doctrine and private law theory, this article applies the framework of corrective justice to gain-based damages for torts. Within this framework, restitutionary damages ought to be available only insofar as they correspond to a constituent element in the injustice that the defendant has (...)
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  7.  8
    Ownership, Use, and Exclusivity: The Kantian Approach.Ernest J. Weinrib - 2018 - Ratio Juris 31 (2):123-138.
    Ownership combines the owner's right to exclude others from the owned object and the owner's liberty to use that object. This article addresses the relationship between using and excluding, by presenting Grotius's and Kant's classic accounts of ownership. Grotius's approach treats use and exclusivity as separate notions, with the latter evolving out of the former. For Kant, in contrast, use and exclusivity are integrated aspects of ownership as a right within a regime of equal reciprocal freedom. This article offers a (...)
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  8.  8
    Aristotle's Forms of Justice.Ernest J. Weinrib - 1989 - Ratio Juris 2 (3):211-226.
    . In Aristotle's account, corrective and distributive justice are not particular substantive ideals, but are rather the formal patterns that inhere in interactions and in the legal arrangements that regulate them. Corrective and distributive justice are the structures of ordering internal to transactions and distributions, respectively. The Aristotelian. forms of justice thus constitute the rationality immanent to the relation ships of mutually external beings. This article stresses Aristotle's formalism, contrasting it to modem instrumental conceptions of legal rationality, and defending it (...)
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  9.  4
    Legal Philosophy.Alan Brudner, Ernest Joseph Weinrib, Brian Langille & Jennifer Nedelsky - 1987 - Faculty of Law, University of Toronto.
  10.  2
    Legal Theory.Wayne Sumner & Ernest Joseph Weinrib - 1988 - Faculty of Law, University of Toronto.
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  11.  6
    Correlativity, Personality, and the Emerging Consensus on Corrective Justice.Ernest J. Weinrib - 2001 - Theoretical Inquiries in Law 2 (1).
    Over the last few decades, corrective justice has established itself as central to serious academic discussion of the normative dimension of tort liability. This article describes the consensus about corrective justice that is presently emerging, as is evident from work of the author and from recent work of other tort theorists. The framework for discussing this emerging consensus is what the article calls "the juridical conception of corrective justice." The juridical conception seeks to explicate the most general ideas implicit in (...)
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  12. Howard Williams, Kant's Political Philosophy Reviewed by.Ernest J. Weinrib - 1984 - Philosophy in Review 4 (6):301-302.
     
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  13.  15
    Obedience to the Law in Plato's Crito.Ernest J. Weinrib - 1982 - American Journal of Jurisprudence 27 (1):85-108.
    Plato's Crito is not a treatise on obedience to the law, but a dialogue whose interpretation is not determined by its surface meaning. The initial dream is not mere ornamentation; rather it points to the range of possibilities in Socrates' situation. The speeches of the Laws, with which the dialogue closes, are not intended to be philosophically cogent, since they are inconsistent with the principles laid out in the preceding conversation between Socrates and Crito. The arguments of the Laws are (...)
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  14.  2
    Unjust Enrichment.Ernest J. Weinrib - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 654–665.
    This chapter contains sections titled: Transfer of Value The Transfer Elements of Liability Unjustness Correctively Unjust Enrichment References.
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  15. Legal Philosophy.Alan Brudner, Denise Réaume & Ernest Joseph Weinrib - 1987 - Faculty of Law, University of Toronto.