1.  27
    Compensation and continuity.Sandy Steel - 2020 - Legal Theory 26 (3):250-279.
    ABSTRACTThis article examines accounts of the moral basis of compensatory duties that explain such duties as the continuation, in some way, of the pre-wrong normative situation. I identify, contrast, and assess three versions of this view—duty continuity, right continuity, and reasons continuity. I argue that each version is defensible, once properly articulated. The article responds to a range of objections to these views that have not received much critical attention by their proponents.
    Direct download (2 more)  
    Export citation  
    Bookmark   2 citations  
  2. Private Law and Justice.Sandy Steel - 2013 - Oxford Journal of Legal Studies 33 (3):607-628.
    This article is in two parts. The first part critically examines the foundations of Weinrib’s theory of corrective justice. It casts doubt upon his claim that private law faces incoherence if it is not entirely based upon corrective justice and questions the normative appeal of that view. The second part makes a variety of critical observations in relation to Weinrib’s corrective-justice-based treatment of particular areas of private law.
    Direct download (7 more)  
    Export citation  
    Bookmark   1 citation  
  3.  11
    Theorizing Areas of Law: A Taxonomy of Special Jurisprudence.Tarunabh Khaitan & Sandy Steel - 2022 - Legal Theory 28 (4):325-351.
    This paper provides a taxonomy of the different kinds of theory that may be offered of an area of law. We distinguish two basic types of philosophical accounts in special jurisprudence: nonnormative accounts and normative accounts. Section II explains the two central subspecies of nonnormative accounts of areas of law: (i) conceptual and ontological theories and (ii) reason-tracking causal theories. Section III explores normative theories of areas of law. Normative accounts subdivide into detached and committed normative accounts. Detached or committed (...)
    Direct download (2 more)  
    Export citation