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Philosophy of Private Law$
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William Lucy

Print publication date: 2006

Print ISBN-13: 9780198700685

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198700685.001.0001

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Mixed Foundations

Mixed Foundations

(p.376) 10 Mixed Foundations
Philosophy of Private Law


Oxford University Press

This chapter examines what can be called ‘mixed’ accounts of the normative basis of private law. The first section briefly sketches the limitations of corrective and distributive justice accounts which make consideration of mixed accounts necessary. It also outlines some of the requirements that any successful mixed theory must satisfy. The second section examines in detail one mixed account in light of those requirements and also considers how it responds to the key questions noted in Chapter 7. This section also briefly notes how other ostensibly mixed accounts fare in relation to one of these conditions, thus highlighting that the problems faced by the first account are not unique to it. The third section offers, among other things, a brief prospectus for the future development of mixed accounts.

Keywords:   private law, normative foundations, mixed accounts, corrective justice, distributive justice

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