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Accident Law For Egalitarians, Ronen Avraham, Issa Kohler-Hausmann
Accident Law For Egalitarians, Ronen Avraham, Issa Kohler-Hausmann
ExpressO
This paper questions the fairness of our current tort law regime and the philosophical underpinnings advanced in its defense, a theory known as corrective justice. Fairness requires the moral equality and responsibility of persons be respected in social interactions and institutions. The concept of luck has been used by many egalitarians as a way of giving content to fairness by differentiating between those benefits and burdens which result from informed choice from those that result from fate or fortune. We argue that the theory of corrective justice, and its institutional embodiment of tort law, is at odds with an egalitarian …
Accident Law For Egalitarians, Ronen Avraham, Issa Kohler-Hausmann
Accident Law For Egalitarians, Ronen Avraham, Issa Kohler-Hausmann
ExpressO
The article goes back to the basics. It questions the fairness of our current tort law regime and the philosophical underpinnings advanced in its defense, a theory with its roots in Aristotelian thought, called corrective justice. We critique tort law and corrective justice from a standpoint of egalitarian fairness, inspired by distributive justice philosophers such as John Rawls and Ronald Dworkin. Our argument is that the strict theoretical and institutional insulation of tort law—and the normative theory underlying it, corrective justice—from other institutions and principles of justice, namely distributive and retributive justice, gives rise to deleterious consequences in terms of …
The Cultural Evolution Of Tort Law, Stuart Madden
The Cultural Evolution Of Tort Law, Stuart Madden
ExpressO
THE CULTURAL EVOLUTION OF TORT LAW* Abstract The Institutes of Justinian and other Greco-Roman recitations of tort-type delicts and remedies are recognized as root stock of modern western tort law, common law or civil code-based alike. Long before these sources, however, both ancient and primitive cultures adopted norms and customs which defined permissible individual and group conduct, and which provided for remedies ranging from money damages to banishment. Among the surveyed examples of ancient cultural responses to tort-type delicts were numerous instances in which both the civil wrong identified and the remedy provided for can be harmonized readily with modern …