Sentences with phrase «corrective justice»

That's at least because, for example, deterrence has nothing to do with corrective justice as explained by the source the Court cited for the concept.

To allow recovery where the injury was the result of neutral factors would neither further the goals of compensation, fairness and deterrence, nor comport with the theory of corrective justice that underlies the law of negligence.

(I appreciate that some of you who, paraphrasing John Lennon, have the required «jewellery» to rattle will know that Clements uses corrective justice in a way that likely raises (at least) the eyebrows of some.

Another way to ask the question is: what did the Court mean by «neutral factors» in para. 21 of Clements: «To allow recovery where the injury was the result of neutral factors would neither further the goals of compensation, fairness and deterrence, nor comport with the theory of corrective justice that underlies the law of negligence.»

Corrective justice requires transferring some good between individuals or groups, so that what we give to one group, we take from the other (id.)

9:10 - 10:40 a.m. — Civil Recourse vs. Corrective Justice Jules Coleman, Yale Law School Arthur Ripstein, University of Toronto Faculty of Law Ernest Weinrib, University of Toronto Faculty of Law

Any account of tort law predicated on corrective justice must explain how corrective justice — a concept focused on the remedial — can account for the primary duties of tort law.

Such a result would fundamentally change the law of negligence and sever it from its anchor in corrective justice that makes the defendant liable for the consequences, but only the consequences, of his negligent act.

This basis for recovery, sometimes referred to as «corrective justice», assigns liability when the plaintiff and defendant are linked in a correlative relationship of doer and sufferer of the

No — especially not, in my view, corrective justice as explained by the source quoted by the Court.

Is that corrective justice as it is generally understood by the by the majority of corrective justice scholars?

Corrective justice is the theoretical notion that sets out what it means for private law to be fair and coherent.

This basis for recovery, sometimes referred to as «corrective justice», assigns liability when the plaintiff and defendant are linked in a correlative relationship of doer and sufferer of the same harm: E. J. Weinrib, The Idea of Private Law (1995), at p. 156.

From the point of view of this class — a class I'll just call «lawyers» — it's too clear for argument that (i) law has things to do so that some instrumentalist theory has to be adopted; (ii) few things are simple, so that no single theory will work in every case, whether it's «wealth maximization», «corrective justice», «contract as promise», compensation or deterrence; and (iii) the demands of practice, the solicitor's need to create relations which will be projected into the (uncertain) future and to control the risks his or her client faces, the barrister's need to conduct litigation at a price the parties can afford and in the context of the adversary system, powerfully limit the consideration that a lawyer can give to theory.

The economist seeks to find order in ideas like «wealth maximization»; more philosophically inclined legal scholars seek to find order in organizing ideas like «corrective justice».

Criticism of or comments on the views of Ernest Weinrib from the University of Toronto, who argues in The Idea of Private Law that corrective justice is the foundation of private law, and the late Peter Birks of Oxford University who sought in An Introduction to the Law of Restitution and in Unjust Enrichment, (both editions) to find a unified concept for the law of restitution and to reorganize private law, or at least the law of obligations as he would call it, around Romanist categories, could have been offered as a sub-title.

Of course, if you're from the «law and... blank» stream, you may be of the view that corrective justice theories are bunk, and working from that stream could get you to your view that the difference is one of degree.

[19]... To deny him recovery, while allowing the negligent defendants to escape liability by pointing the finger at each other, would not have met the goals of negligence law of compensation, fairness and deterrence, in a manner consistent with corrective justice.

[32]... As I will discuss further below, to allow the defendants to each escape liability by pointing the finger at one another would have been at odds with the fairness, deterrence, and corrective justice objectives of the law of negligence.

[21]... To allow recovery where the injury was the result of neutral factors would neither further the goals of compensation, fairness and deterrence, nor comport with the theory of corrective justice that underlies the law of negligence.

Where the court was addressing the need for a doctrine based on principles of corrective justice?

In these cases, the goals of tort law and the underlying theory of corrective justice require that the defendant not be permitted to escape liability by pointing the finger at another wrongdoer.

But no balance even if one believes that corrective justice is the underpinning of tort law.

Not exact matches

The justice in this seems to be more than simple retribution; it is a corrective to the way the man and the woman had despised the good things of God.

We pursue the Puritan vision of comprehending and utilizing the earth's secrets and energies but have lost the Puritan corrective value of ecological justice.

«However, if the Buhari Administration fails to take immediate corrective measures to stabilize Nigeria and restore justice, equity and fairness, particularly to stop the reckless murder of Nigerians by Islamist insurgents, then all Nigerians must prepare to embark on civil disobedience and «shut down» the country.

Child contact with the justice system was identified from Department of Corrective Services data — including those 10 years or older with a justice - system record for juveniles (10 — 17 years) and / or adults (18 years and older) from 1985 to 2011.

For those who loathe Zack Snyder's Batman v Superman: Dawn of Justice, and they are legion, Justice League will be just the corrective followup they're looking for.

A Choice between Corrective and Distributive Justice, Pretoria University Law Press, Pretoria, 2009.

In that Texas case, Gebser v. Lago Vista Independent School District, the justices ruled 5 - 4 that districts can not be held liable under Title IX of the Education Amendments of 1972 unless an official in a position to take corrective action knew...

The interim report addresses concerns regarding a perceived underuse of ADR within some sections of the civil justice system and suggests a variety of possible corrective measures.

Are some models of alternative dispute resolution more efficacious to fulfill corrective or distributive justice than the adjudicative model?

It is also designed to meet the needs of Indigenous peoples with some experience working in Indigenous community organisations, Government departments / agencies relating to juvenile justice, corrective services or care and protection, or participating in Indigenous community justice mechanisms and in other similar roles.

It is also designed to meet the needs of Indigenous peoples with an interest in criminal justice issues who are working in Indigenous community organisations, Government departments / agencies relating to juvenile justice, corrective services or care and protection, or participating in Indigenous community justice mechanisms and in other similar roles.

That means that in some parts of Australia they disproportionately come into contact with the juvenile justice and corrective services systems.

It is also designed to meet the needs of Indigenous peoples with significant experience working in Indigenous community organisations, Government departments / agencies relating to juvenile justice, corrective services or care and protection, or participating in Indigenous community justice mechanisms and in other similar roles.