Upcoming Activities

Wednesday, 6 June 2018, 16:00
B0.115, Faculty of Law (Bouillonstraat 1-3)

picture Corrective and distributive justice in the law of torts
In our next MLP² meeting, Daniel On will speak about corrective and distributive justice in the law of torts.

Many tort law theorists have been using the Aristotelian framework of corrective and distributive justice in order to explain and/or justify tort law as a practice. Most theories are monistic, building accounts of tort law on either corrective justice alone (see the work of Ernest Weinrib, Jules Coleman, or Martin Stone), or distributive justice alone (see Peter Cane, Hanoch Sheinman, or Stephen Perry). A growing number of tort law scholars (see Gary Schwartz, David Owen, Izhak Englard and, more recently, Marc Loth), however, have been trying to justify tort law in pluralist terms, as a practice reflective of both corrective and distributive justice. In his presentation, Daniel On will argue for an alternative pluralist account of tort law, in which corrective and distributive justice issues are sequenced, by way of three independent stages: (1) In the first stage interpersonal wrongs are defined (abstractly and potentially erga omnes) on the basis of distributive justice criteria; (2) in the second stage, corrective justice mechanisms kick in, requiring that a particular inter-personal wrong be redressed (repaired); (3) in a third stage, the measure of repair will be determined (again, in the abstract and with potential erga omnes effects).

We look forward to an interesting discussion.


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