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State LiabilityTort Law and Beyond$
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Carol Harlow

Print publication date: 2004

Print ISBN-13: 9780199272648

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199272648.001.0001

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Corrective Justice in the Frame

Corrective Justice in the Frame

Chapter:
(p.10) 1 Corrective Justice in the Frame
Source:
State Liability
Author(s):

Carol Harlow

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199272648.003.0002

This chapter deals with corrective justice, currently the most fashionable justification of tort law. Weinrib explains the corrective justice theory as the pattern of justificatory coherence latent in the bipolar private law relationship of the plaintiff to the defendant. The second section explores compensation as a way towards tort tax. The third section looks at culpability and deterrence in the theory of liability. The fourth section examines various responses on Dicey's doctrine of equality through personal liability.

Keywords:   corrective justice, compensation, tort tax, Dicey, deterrence, culpability, state liability, Weinrib

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