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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

(p.231) 11 Tort Processes and Relational Repair
Philosophical Foundations of the Law of Torts

Linda Radzik

Oxford University Press

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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