Add to ORKGThis thesis explores the normative framework of private law from the standpoint of corrective justice. After identifying problems in the classic model of Kantian corrective justice, it argues that these difficulties can be remedied by modifying the heavy reliance of corrective justice upon Kantian legal philosophy. Further, by returning to an equality-based approach grounded in Aristotle’s principle of corrective justice, this thesis indicates the appropriate method for situating private law within a public realm. Finally, through a careful reanalysis of legal personality under corrective justice, this thesis sets the conceptual basis for the imposition of a limited duty of easy rescue.LL.M
The question of what justice has to do with the law of unjust enrichment (if it has anything to do w...
Within the wider phenomenon of so-called ‘juridification’ of historical wrongs, the paper examines t...
This paper discusses the legitimacy of general principles of private law as they have been formulate...
There are two, apparently conflicting, approaches to private law theorizing. One approach - by now, ...
Ernest Weinrib has argued, influentially, that private law must only do ‘corrective justice’ and tha...
This article is in two parts. The first part critically examines the foundations of Weinrib’s theory...
Private law—the law of torts, contracts, and property—is at an interpretive impasse. The two leading...
In his writings on the philosophy of private law, which form part of his body of work on norms and n...
This dissertation develops a Kantian philosophical framework for understanding our individual obliga...
This paper claims that a particular interpretation of Kant`s legal-political philosophy, as it is pr...
Constitutional rights and private law are on a collision course. Constitutional rights have many con...
In the evolution of private law, legal reasoning has always confronted the fundamental problem of re...
In the evolution of private law, legal reasoning has always confronted the fundamental problem of re...
In a recent book, I set out the contours of a conception of corrective justice, and tentatively expl...
The aim of this thesis is to uncover the philosophical foundations of the defendant's duty of restit...
The question of what justice has to do with the law of unjust enrichment (if it has anything to do w...
Within the wider phenomenon of so-called ‘juridification’ of historical wrongs, the paper examines t...
This paper discusses the legitimacy of general principles of private law as they have been formulate...
There are two, apparently conflicting, approaches to private law theorizing. One approach - by now, ...
Ernest Weinrib has argued, influentially, that private law must only do ‘corrective justice’ and tha...
This article is in two parts. The first part critically examines the foundations of Weinrib’s theory...
Private law—the law of torts, contracts, and property—is at an interpretive impasse. The two leading...
In his writings on the philosophy of private law, which form part of his body of work on norms and n...
This dissertation develops a Kantian philosophical framework for understanding our individual obliga...
This paper claims that a particular interpretation of Kant`s legal-political philosophy, as it is pr...
Constitutional rights and private law are on a collision course. Constitutional rights have many con...
In the evolution of private law, legal reasoning has always confronted the fundamental problem of re...
In the evolution of private law, legal reasoning has always confronted the fundamental problem of re...
In a recent book, I set out the contours of a conception of corrective justice, and tentatively expl...
The aim of this thesis is to uncover the philosophical foundations of the defendant's duty of restit...
The question of what justice has to do with the law of unjust enrichment (if it has anything to do w...
Within the wider phenomenon of so-called ‘juridification’ of historical wrongs, the paper examines t...
This paper discusses the legitimacy of general principles of private law as they have been formulate...