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INTRODUCTION Corrective justice theory is based on a simple and elegant idea: when one person has been wrongfully injured by another, the injurer must make the injured party whole.1 Justice requires that when one person has been wrongfully injured by another, the injurer make the injured party whole. ... IMAGE TABLE 1 I.
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www.allbusiness.com/legal/3501840-1.html
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The renewed interest in corrective-justice theory as a noneconomic theory of tort law naturally leads to the question of whether corrective justice might provide the unifying theory that is lacking in contract law.
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www.allbusiness.com/legal/3604487-1.html
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Justice in involuntary transactions would include both transactions that are involuntary due to force (e.g. battery) and transactions that are involuntary due to fraud (e.g. fraud, misrepresentation, etc.). One of the great debates in contemporary legal theory concerns the status of corrective justice.
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legaltheorylexicon.blogspot.com/2004/01/legal-theory-le...
legaltheorylexicon.blogspot.com/2004/01/legal-theory-lexicon-018.html
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Strict liability is normatively appropriate only when we have some reason to find fault with the very act of imposing some risk, no matter how carefully the actor imposing the risk proceeds.15 Or so corrective justice theory argues.
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www-rcf.usc.edu/~usclrev/pdf/074112.pdf
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Some of these theorists have begun to apply corrective-justice theory to the law of contract, but they have not yet explained how corrective justice, which normally argues that private law is concerned with the correction of wrongdoing done to victims by injurers, can explain a body of law like contract that...
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papers.ssrn.com/sol3/papers.cfm?abstract_id=669504
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In addition, many scholars consider corrective justice, of one form or another, the main normative alternative to the economic analysis of law for explaining not only tort law but also private ... Keywords: Aristotle, Corrective Justice, Legal Theory, Jurisprudence, Teleological, Judicial Decision Making, Nuisance, Tort Law...
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papers.ssrn.com/sol3/papers.cfm?abstract_id=882885
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Questioning the Idea of Correlativity in Weinrib's Theory of Corrective Justice by Ariel Porat (2001) (Theoretical Inquiries in Law) (abstract only)
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www.ucc.ie/ucc/depts/law/restitution/cj.htm
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Corrective justice theory has been the subject of many, often inconsistent, attacks. Sometimes it is criticized on the ground that it provides no practical guidance as to how cutting edge issues of tort law ought to be resolved.
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ssrn.com/abstract=1160308
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Mark F. Grady: ; Modern Accident Law Does Not Fit Corrective Justice Theory ... Mark Grady argues that the corrective justice theory, which strives to see legal rules as correcting prior wrongs, cannot explain accident law.
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www.str2.jura.uni-erlangen.de/hruschka/JRE/vol02/a2-gra...
www.str2.jura.uni-erlangen.de/hruschka/JRE/vol02/a2-grady.htm
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