TORT LAW FROM THE PERSPECTIVE OF CORRECTIVE AND DISTRIBUTIVE JUSTICE
In the following paper we will be mapping tort law in the common law, reflecting on the divergence between corrective and distributive justice and their main theoretical defenses deployed by Anglo-American scholars. The concepts are in turn portrayed in their proper context: a legal culture shaped h...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Technopress
2015-06-01
|
| Series: | Journal of Public Administration, Finance and Law |
| Subjects: | |
| Online Access: | http://www.jopafl.com/uploads/issue7/TORT_LAW_FROM_THE_PERSPECTIVE_OF_CORRECTIVE_AND_DISTRIBUTIVE_JUSTICE.pdf |
| Summary: | In the following paper we will be mapping tort law in the common law, reflecting on the divergence between corrective and distributive justice and their main theoretical defenses deployed by Anglo-American scholars. The concepts are in turn portrayed in their proper context: a legal culture shaped historically different from the continental legal culture. However, at a deeper level, both traditions are motivated by the same goals: how to provide justice for the victims of tort law. Because the road to destination is different, the common law having distinct ways of addressing torts, the continental jurist my need another sets of concepts to understand this domain of law. |
|---|---|
| ISSN: | 2285-2204 2285-3499 |