From: | Jason Neyers <jneyers@uwo.ca> |
To: | obligations@uwo.ca |
Date: | 20/10/2011 16:44:57 UTC |
Subject: | ODG: Redressive Justice |
Dear
Colleagues:
Those interested in legal theory will be interested in the
following article by
Andrew Gold entitled "A Theory of Redressive Justice" which is
available at SSRN
at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1940594.
From the abstract:
This Essay proposes a
new category of justice
between individuals. This category – redressive justice –
governs the
enforcement of rights by a wronged party against the party who
committed the
wrong. More precisely, it governs the undoing of a transaction
between two
parties, either by a right holder, or by a party acting on a
right holder’s
behalf. Redressive justice is importantly distinct from
leading conceptions of
corrective, retributive, preventive, and distributive justice.
And, as the
Essay indicates, redressive justice can also provide insights
for explanatory
theories of private law.
--
Jason Neyers
Associate Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435