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Markets, Morals, and the Law$
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Jules L. Coleman

Print publication date: 2002

Print ISBN-13: 9780199253609

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199253609.001.0001

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Corrective justice and wrongful gain

Corrective justice and wrongful gain

Chapter:
(p.184) 8. Corrective justice and wrongful gain
Source:
Markets, Morals, and the Law
Author(s):

Jules L. Coleman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199253609.003.0008

This chapter makes a distinction between two questions: what grounds a victim's claim to recovery, and what justifies holding an injurer liable for the harms his conduct occasions. That these two questions are distinct can be seen from the fact that a society could permit all victims to seek compensation for all injuries (other than injuries that are self-imposed) while providing that injurers can be held liable only when their conduct is faulty or negligent. Such an arrangement might be undesirable, but that would be a normative matter, not an analytic one. In other words, it is not analytic that compensation flows from an injurer to a victim. That is tort practice, one that needs a defense. By distinguishing between the grounds and modes of recognition, the chapter tries to show how a scheme of no-fault liability can be made consistent with the demands of justice in liability.

Keywords:   corrective justice, wrongful gain, liability, victims, injurers, compensation, torts, fault, Richard Posner

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