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Compensation and continuity

Legal Theory 26 (3):250-279 (2020)

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  1. The Comparative Account of Tort Reparation.Peter Chau - forthcoming - Ratio Juris.
    How can tort reparation be justified? Stephen Perry's comparative account relies on two ideas: (1) the loss arising from an injurious event should be distributed between the injurer and the victim rather than be borne by society at large; and (2) the distribution of loss between the injurer and the victim depends on a comparison of their “relative degree of fault.” Many believe that a strength of the comparative account lies in its ability to explain apportionment in contributory negligence cases. (...)
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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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  • Law, ‘Ought’, and ‘Can’.Frederick Wilmot-Smith - 2023 - Ethics 133 (4):529-557.
    It is commonly held that “ought implies can.” If so, what constraints does that place on the law? Having provided an argument which allows the maxim to be used by lawyers, I consider the application of that argument to both primary and remedial legal duties. This, it turns out, gives us some reason to reconsider whether the maxim is sound. Further, even if the maxim is sound, it has less purchase on remedial duties than is commonly supposed.
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