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Wrongdoing, welfare, and damages: recovery for non-pecuniary loss in corrective justice

In David G. Owen (ed.), Philosophical Foundations of Tort Law. Oxford University Press (1995)

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  1. Corrective Justice and the Possibility of Rectification.Seth R. M. Lazar - 2008 - Ethical Theory and Moral Practice 11 (4):355-368.
    In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...)
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  • Compensation as Moral Repair and as Moral Justification for Risks.Madeleine Hayenhjelm - 2019 - Ethics, Politics, and Society 2 (1):33-63.
    Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic compensation and non-apologetic (...)
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