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Philosophical Foundations of the Law of Torts$
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John Oberdiek

Print publication date: 2014

Print ISBN-13: 9780198701385

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780198701385.001.0001

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Tort Processes and Relational Repair

Tort Processes and Relational Repair

Chapter:
(p.231) 11 Tort Processes and Relational Repair
Source:
Philosophical Foundations of the Law of Torts
Author(s):

Linda Radzik

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198701385.003.0012

Theorizing about the nature of corrective justice has become prominent, not just in the philosophy of tort law, but also in a wide range of social, political and moral debates. This chapter presents a conception of corrective justice that has developed in other contexts—known as a reconciliation theory—and asks what it might have to offer to our understanding of the role and significance of tort law. It argues that corrective justice is a much broader phenomenon than is normally acknowledged. As a result, the contribution of tort processes to corrective justice is relatively limited. Indeed, tort processes may only be able to offer a tragic form of justice.

Keywords:   corrective justice, reconciliation, relationships, apology, remorse, amends

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