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NCJRS Abstract

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NCJ Number: 136462 Find in a Library
Title: Correcting Injustice to Corrective Justice
Journal: Notre Dame Law Review  Volume:67  Issue:1  Dated:(1991)  Pages:51-96
Author(s): H M Hurd
Date Published: 1991
Page Count: 46
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: This article explores the theory of corrective justice constructed and defended by Jules Coleman.
Abstract: Coleman has argued that the principle of corrective justice cannot explain all of contemporary tort doctrine. He insists on the conceptual necessity of justifying tort law via piecemeal moral theory as opposed to the efforts of other jurists, including Oliver Wendell Holmes, who have argued that tort law should be unified under the single principle of corrective justice. Coleman's theory, which is taught in law school tort courses, denies the availability of a similar perspective to retributivists, consequentialists, and distributive justice theorists. This article describes the theory of corrective justice and Coleman's view of the limited explanatory power that the theory has in the field of tort law. The author analyzes the theory of liability generated by Coleman's analysis as well as the theory of recovery that he juxtaposes to this theory of liability. 92 notes
Main Term(s): Legal doctrines; Torts
Index Term(s): Criminal justice system effectiveness
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