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008 120626s2012 enk b 001 0 eng d
010 _a 2012942995
016 7 _a016098438
_2Uk
020 _a9780199660643 (cloth)
020 _a0199660646 (cloth)
035 _a(OCoLC)ocn794367109
040 _aBTCTA
_beng
_cBTCTA
_dUKMGB
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042 _alccopycat
050 0 0 _aK600
_b.W448 2012
082 0 4 _a346.001
_bWEI
100 1 _aWeinrib, Ernest Joseph.
_9128559
245 1 0 _aCorrective justice /
_cErnest J. Weinrib.
250 _a1st ed.
260 _aOxford, United Kingdom :
_bOxford University Press,
_c2012.
300 _ax, 352 p. ;
_c24 cm.
490 1 _aOxford legal philosophy
504 _aIncludes bibliographical references and index.
505 0 _aCorrelativity and personality -- The disintegration of duty -- Remedies -- Gain-based damages -- Punishment and disgorgement as contract remedies -- Unjust enrichment -- Incontrovertible benefit in Jewish law -- Poverty and property in Kant's system of rights -- Can law survive legal education?
520 _aPrivate law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers.
520 _aErnest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law.
520 _aIn this new book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor.
520 _aCombining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it will be essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law. -- Publisher.
650 0 _aCivil law
_xPhilosophy.
_9128560
830 0 _aOxford legal philosophy.
_9128561
906 _a7
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942 _2ddc
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999 _c613496
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