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Tort Processes and Relational Repair

In John Oberdiek (ed.), Philosophical Foundations of the Law of Torts. Oxford University Press UK. pp. 231-49 (2014)

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  1. The Duty to Accept Apologies.Cécile Fabre - forthcoming - Journal of Moral Philosophy:1-24.
    The literature on reparative justice focuses for the most part on the grounds and limits of wrongdoers' duties to their victims. An interesting but relatively neglected question is that of what - if anything - victims owe to wrongdoers. In this paper, I argue that victims are under a duty to accept wrongdoers' apologies. To accept an apology is to form the belief that the wrongdoer's apologetic utterance or gesture has the requisite verdictive, commissive and expressive dimensions; to communicate as (...)
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  • Corrective Duties/Corrective Justice.Giulio Fornaroli - 2024 - Philosophy Compass 19 (3):e12968.
    In this paper, I assess critically the recent debate on corrective duties across moral and legal philosophy. Two prominent positions have emerged: the Kantian rights-based view (holding that what triggers corrections is a failure to respect others' right to freedom) and the so-called continuity view (correcting means attempting to do what one was supposed to do before). Neither position, I try to show, offers a satisfactory explanation of the ground (why correct?) and content (how to correct?) of corrective duties. In (...)
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  • Agent-Regret, Accidents, and Respect.Jake Wojtowicz - 2022 - The Journal of Ethics 26 (3):501-516.
    I explore how agent-regret and its object—faultlessly harming someone—can call for various responses. I look at two sorts of responses. Firstly, I explore responses that respect the agent’s role as an agent. This revolves around a feature of “it was just an accident”—a common response to agent-regret—that has largely gone ignored in the literature: that it can downplay one’s role as an agent. I argue that we need to take seriously the fact that those who have caused harms are genuine (...)
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  • Accepting Forgiveness.Jeffrey S. Helmreich - 2020 - The Journal of Ethics 26 (1):1-25.
    Forgiving wrongdoers who neither apologized, nor sought to make amends in any way, is controversial. Even defenders of the practice agree with critics that such “unilateral” forgiveness involves giving up on the meaningful redress that victims otherwise justifiably demand from their wrongdoers: apology, reparations, repentance, and so on. Against that view, I argue here that when a victim of wrongdoing sets out to grant forgiveness to her offender, and he in turn accepts her forgiveness, he thereby serves some important ends (...)
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  • Reconciliation.Linda Radzik & Colleen Murphy - 2015 - Stanford Encyclopedia of Philosophy.
    Particular conceptions of reconciliation vary across a number of dimensions. As section 1 explains, the kind of relationship at issue in a specific context affects the type of improvement in relations that might be necessary in order to qualify as reconciliation. Reconciliation is widely taken to be a scalar concept. Section 2 discusses the spectrum of intensity along which kinds of improvement in relationships fall, and indicates why, in particular contexts, theorists often disagree about the point along this spectrum that (...)
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