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Corrective and Distributive Justice: From Aristotle to Modern Times
retraces the intricate history of the distinction between
corrective and distributive justice. This distinction is elaborated
in the 5th book of Aristotle's Nicomachean Ethics, which was
rediscovered in Western Europe in the 12th and 13th centuries by
the Scholastics and turned into a central topic in legal and
theological scholarship. After a decline of interest in the wake of
the enlightenment and secularization, a surprising revival of these
notions of justice occurred in U.S. legal and philosophical
discourse during the last four decades that has made this
distinction a central issue in tort law, restitution and other
important fields of private and public law. In literally hundreds
of articles and a considerable number of books, the Aristotelian
distinction has been elaborated, discussed, and applied.
Englard's unique contribution to this aspect of legal history
grants the contemporary reader a historical perspective that is
vital for a deepened understanding of the distinction and modern
concerns. Organized chronologically, Englard's research covers:
Aristotle, High Scholastics, Late Scholastics, Post-Scholastics,
and Modernity. The relevant literature is notoriously difficult to
access, not only because of its Latin language, but because of the
physical rarity of the relevant books scattered throughout the
world. This book offers the modern reader a touchstone synthesis of
intellectual and legal history.
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