Book Chapter Details
Mandatory Fields
Steve Hedley
2016 November
Law in Theory and History: New Essays on a Neglected Dialogue
Corrective Justice - An Idea Whose Time Has Gone?
Hart Publishing
Optional Fields
Corrective Justice, contract law, tort
Common law process is a method for resolving disputes between individuals, relying on reasoned argument from those individual s lawyers as to the scope of their respective rights. It would therefore be surprising if it did not, to some degree at least, reflect concerns of a type that feature in corrective justice. It would, however, be equally surprising if it did not also reflect wider community concerns. Therefore, what we should expect to see and, I suggest, we do see if we look is a system which embodies both public and private concerns. There is much more to say on the balance between public and private, but an argument that seeks to exclude either completely cannot paint a faithful picture of the system as it is.
M Del Mar and M Lobban
Grant Details