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The Role Of Retributive Justice In The Common Law Of Torts: A Descriptive Theory, Ronen Perry

Ronen Perry

This article is the first academic attempt to explain in a systematic manner how the "third-form-of-justice", usually thought of as one of the theoretical foundations of criminal law, operates within the law of torts. Tort jurisprudence is definitely not the natural habitat for retributive concerns. Since retributive justice is technically inconsistent with the corrective structure of tort law its role is (and probably ought to be) very limited. The article first explains the notion of retributive justice and defends the view that it constitutes a third form of justice, distinct from the classical Aristotelian forms. It then rejects monistic retributive …