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2000

Jurisprudence

Mark C Modak-Truran

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Corrective Justice And The Revival Of Judicial Virtue, Mark C. Modak-Truran Jan 2000

Corrective Justice And The Revival Of Judicial Virtue, Mark C. Modak-Truran

Mark C Modak-Truran

Aristotle's discussion of corrective justice has been generally thought to mark the beginning of the philosophical examination of tort law. 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 law and law in general. Most discussions of Aristotle’s conception of corrective justice in the law review literature, however, have failed to account for the established reading of Aristotle’s Nicomachean Ethics as proposing a teleological form of ethics. Accordingly, Corrective Justice and the Revival of Judicial Virtue argues for …