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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Corrective Justice (Hardcover)
Loot Price: R2,745
Discovery Miles 27 450
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Corrective Justice (Hardcover)
Series: Oxford Legal Philosophy
Expected to ship within 12 - 19 working days
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Private law governs our most pervasive relationships with other
people: the wrongs we do to one another, the property we own and
exclude from others' use, the contracts we make and break, and the
benefits realized at another's expense that we cannot justly
retain. The major rules of private law are well known, but how they
are organized, explained, and justified is a matter of fierce
debate by lawyers, economists, and philosophers. Ernest Weinrib
made a seminal contribution to the understanding of private law
with his first book, The Idea of Private Law. In it, he argued that
there is a special morality intrinsic to private law: the morality
of corrective justice. By understanding the nature of corrective
justice we understand the purpose of private law - which is simply
to be private law. In this new book Weinrib takes up and develops
his account of corrective justice, its nature, and its role in
understanding the law. He begins by setting out the conceptual
components of corrective justice, drawing a model of a moral
relationship between two equals and the rights and duties that
exist between them. He then explains the significance of corrective
justice for various legal contexts: for the grounds of liability in
negligence, contract, and unjust enrichment; for the relationship
between right and remedy; for legal education; for the comparative
understanding of private law; and for the compatibility of
corrective justice with state support for the poor. Combining legal
and philosophical analysis, Corrective Justice integrates a
concrete and wide-ranging treatment of legal doctrine with a
unitary and comprehensive set of theoretical ideas. Alongside the
revised edition of The Idea of Private Law, it will be essential
reading for all academics, lawyers, and students engaged in
understanding the foundations of private law.
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