Corrective Justice for Civil Recourse Theorists

23 Pages Posted: 4 Jun 2012 Last revised: 18 Jul 2012

See all articles by Scott Hershovitz

Scott Hershovitz

University of Michigan Law School

Date Written: 2011

Abstract

According to the dominant view, corrective requires that we reverse wrongful transactions, so that a victim is made whole, or put in the position she would have been in absent wrongdoing. In this paper, I argue that this can’t be the fundamental demand of corrective justice, as much of the time we aren’t in a position to do it, or anything like it. Instead, I argue that we should understand corrective justice on a model of “getting even” rather than “making whole.” Along the way, I explore the continuity between remedial practices in tort law and revenge as a response to wrongdoing. Finally, I contend that the civil recourse view of tort law is not an alternative to a corrective justice theory of the institution; it is a corrective justice theory, and a better one than the more familiar sort.

Keywords: Corrective Justice, Tort, Aristotle, John Goldberg, Ben Zipursky, Civil Recourse, Ernest Weinrib, John Gardner, Remedies, Getting Even, Revenge, Make Whole, Damages

Suggested Citation

Hershovitz, Scott, Corrective Justice for Civil Recourse Theorists (2011). Florida State University Law Review, Vol. 39, No. 1, 2011, U of Michigan Public Law Research Paper No. 275, Available at SSRN: https://ssrn.com/abstract=2076515

Scott Hershovitz (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

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