Joint-Carving in Deontic Tort

2020 ◽  
pp. 275-300
Author(s):  
Ahson Azmat
Keyword(s):  
Logical Form ◽  
Tort Law ◽  
Corrective Justice ◽  
Current Debate ◽  
Legal Relationship ◽  
The Relationship ◽  
Deontic Theory

This chapter argues that non-instrumental, deontic approaches to tort law—like Corrective Justice or Civil Recourse Theory—presuppose an unspecified and undefended non-naturalist account of the normativity of civil wrongs. Linking this puzzle to current debate within metaphysics, the chapter argues that a deontic theory of tort must be a theory of legal grounding—that is, an account of the relationship between torts and the facts that underwrite them. It specifies a model of the logical form of this grounding relationship and then examines whether it is a metaphysical or, instead, a sui generis legal relationship. The chapter then turns squarely to Corrective Justice and Civil Recourse Theory to determine whether they can make good on their metaphysical presuppositions.

Justice, corrective

2018 ◽  
Author(s):  
Ernest J. Weinrib
Keyword(s):  
Distributive Justice ◽  
Tort Law ◽  
Legal Liability ◽  
Corrective Justice ◽  
Theoretical Idea ◽  
Institutional Practice ◽  
The Law ◽  
The Relationship

In his treatment of justice Aristotle articulated a contrast between two forms of justice, corrective and distributive. The former deals with the rectification of an injustice inflicted by one person on another, the latter with the distribution of benefits or burdens. These forms of justice have differing structures. What informs distributive justice is the notion of comparison: a greater share goes to the more meritorious under the distributive criterion. What informs corrective justice is the notion of correlativity or mutuality: an injurer has inflicted wrongful harm on a victim if and only if the victim has suffered wrongful harm through the injurer’s conduct. The parties, as doer and sufferer of the same injustice, are the active and passive poles of a single wrong, which the law rectifies by holding the perpetrator liable to the victim. In recent decades corrective justice (along with its differentiation from distributive justice) has attracted the attention of legal theorists interested in tort law as a repository of normative judgements and insights about wrongful injuries. These theorists view the notion of correlativity as crucial for understanding the relationship between the plaintiff and the defendant. An emphasis on correlativity illuminates both the arguments that properly belong within a system of liability and the connection between corrective justice as a theoretical idea and legal liability as a familiar institutional practice. This entry outlines the role of corrective justice in contemporary tort theory.

scholarly journals Comments on Ernest Weinrib’s ideas of “correlativity and personality”

Revista IBERC ◽  
2020 ◽  
Vol 3 (3) ◽  
pp. 88-100
Author(s):  
Catarina Helena Cortada Barbieri
Keyword(s):  
Tort Law ◽  
Corrective Justice ◽  
The Core ◽  
Core Concepts ◽  
Normative Argument ◽  
First Time ◽  
The Relationship

This article aims to explain some of the core concepts that tort law philosopher Ernest Weinrib has expounded in his latest book “Corrective Justice” (2012). The article concentrates on the first chapter of the book, “Correlativity and Personality”, in which Weinrib lays down the core of his conceptual and normative argument about corrective justice. Understanding this core concepts may be of interest for any scholar delving into Weinrib’s ouvre for the first time, and might bring a renewed interested for those in the tort law field already familiar with his contentions about the relationship between tort law and corrective justice.

scholarly journals The Power of Apology: Mercy, Forgiveness or Corrective Justice in the Civil Liability Arena (2007) Vol 1 Art 5

2007 ◽  
Vol 1 (1) ◽  
pp. 1 ◽  
Author(s):  
Prue Vines
Keyword(s):  
Professional Ethics ◽  
Common Law ◽  
Civil Liability ◽  
Tort Law ◽  
Corrective Justice ◽  
Legal Norms ◽  
Legal Advice ◽  
Different Types ◽  
The Common ◽  
The Relationship

The recent rash of apology-protecting legislation in tort law in the common law world raises interesting questions about why apologies are so important. The function of apologies within society generally is not absolutely clear. It is even less clear what their function in relation to civil liability is and how the relationship between the law and apologies works. It is fairly clear that legislators desire apologies to reduce litigation on the basis of some naïve view that that is what people really want and that the common legal advice to never apologise is actually very bad for society in general. In this paper I argue first that defining apologies is crucial to determining their function, that apologies have multiple functions and that one of them is corrective justice. Another is to mediate relationships and to achieve reconciliation or healing through a process of apology, forgiveness and redemption. When should an apology be protected and why can only be answered if we have a real understanding of both the psychological and sociological effects of apologies. In particular we need to understand the interactions of different types of norms, including norms of civility, legal norms, professional ethics and so on. The article attempts to go some way towards this understanding.

scholarly journals Treating Wrongs as Wrongs: An Expressive Argument for Tort Law

2018 ◽  
Vol 10 (2) ◽  
pp. 405-447 ◽  
Author(s):  
Scott Hershovitz
Keyword(s):  
Criminal Law ◽  
Tort Law ◽  
Tort Reform ◽  
Corrective Justice ◽  
Social Standing ◽  
Tort Liability ◽  
Criminal Punishment ◽  
Expressive Function ◽  
The Social ◽  
The Way

AbstractThe idea that criminal punishment carries a message of condemnation is as commonplace as could be. Indeed, many think that condemnation is the mark of punishment, distinguishing it from other sorts of penalties or burdens. But for all that torts and crimes share in common, nearly no one thinks that tort has similar expressive aims. And that is unfortunate, as the truth is that tort is very much an expressive institution, with messages to send that are different, but no less important, than those conveyed by the criminal law. In this essay, I argue that tort liability expresses the judgment that the defendant wronged the plaintiff. And I explain why it is important to have an institution that expresses that judgment. I argue that we need ways of treating wrongs as wrongs, so that we can vindicate the social standing of victims. Along the way, I consider the continuity between tort and revenge, and I suggest a new way of thinking about corrective justice and the role that tort plays in dispensing it. I conclude by sketching an agenda for tort reform that would improve tort’s ability to serve its expressive function.

Human Resource Management, TQM, and Firm Performance in Small and Medium-Size Enterprises

2000 ◽  
Vol 25 (1) ◽  
pp. 43-58 ◽  
Author(s):  
Gaylen N. Chandler ◽  
Glenn M. Mcevoy
Keyword(s):  
Resource Management ◽  
Firm Performance ◽  
Human Resource Management ◽  
Human Resource ◽  
Business Strategy ◽  
Best Practice ◽  
Medium Size ◽  
Current Debate ◽  
Total Quality ◽  
The Relationship

This study analyzes the moderating effect of two key human resource practices on the relationship between organizational strategy and firm performance. In a sample of 66 small to medium-sized manufacturing firms we found that a total quality management strategy was most effective when supported by significant training and group-based incentive compensation. This result is discussed in light of the current debate in the field about “best practice” versus “fit” models of human resource management and business strategy.

The Fragmented Mind

2021 ◽  
Keyword(s):  
Philosophy Of Mind ◽  
Philosophy Of Language ◽  
Implicit Attitudes ◽  
David Lewis ◽  
Belief System ◽  
Belief State ◽  
Current Debate ◽  
Wide Range ◽  
The Mind ◽  
The Relationship

Mental fragmentation is the thesis that the mind is fragmented, or compartmentalized. Roughly, this means that an agent’s overall belief state is divided into several sub-states—fragments. These fragments need not make for a consistent and deductively closed belief system. The thesis of mental fragmentation became popular through the work of philosophers like Christopher Cherniak, David Lewis, and Robert Stalnaker in the 1980s. Recently, it has attracted great attention again. This volume is the first collection of essays devoted to the topic of mental fragmentation. It features important new contributions by leading experts in the philosophy of mind, epistemology, and philosophy of language. Opening with an accessible Introduction providing a systematic overview of the current debate, the fourteen essays cover a wide range of issues: foundational issues and motivations for fragmentation, the rationality or irrationality of fragmentation, fragmentation’s role in language, the relationship between fragmentation and mental files, and the implications of fragmentation for the analysis of implicit attitudes.

Harassment at Work as Discrimination: The Current Debate in England and Wales

1998 ◽  
Vol 3 (2) ◽  
pp. 91-114
Author(s):  
Pauline Roberts ◽  
Lucy Vickers
Keyword(s):  
Race Relations ◽  
Sex Discrimination ◽  
Current Debate ◽  
England And Wales ◽  
Racial Harassment ◽  
The Impact ◽  
The Relationship ◽  
Victims Of Bullying ◽  
Court Of Appeal

In 1996–97 there were a number of significant decisions which extended the scope of employers' liability for sexual and racial harassment at work, based upon the provisions of the Sex Discrimination Act 1975 and the Race Relations Act 1976. This article seeks to analyse the impact of these recent cases. It began by considering the relationship between the concepts of ‘harassment’ and ‘discrimination’ and the problems inherent in using the anti-discrimination legislation to deal with harassment and bullying at work; we then focus on the recently demonstrated ‘purposive’ approach of the Employment Appeal Tribunal and Court of Appeal in interpreting the statutes and consider how this combats the weaknesses identified. Alternative forms of relief will be briefly considered, in particular the recently enacted Protection from Harassment Act 1997. The authors, while welcoming the recent decisions, argue that there are some victims of bullying who remain outside the protection of the existing anti-discrimination legislation (as they do not fall within any of the groups identified for protection), notwithstanding the robust advances of the EAT. We suggest that the Protection from Harassment Act may not completely fill this gap.

scholarly journals Hubungan Hukum Dokter dan Pasien Serta Tanggung Jawab Dokter Dalam Penyelenggaraan Pelayanan Kesehatan

2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas
Keyword(s):  
Therapeutic Relationship ◽  
Criminal Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Relationship ◽  
Medical Disputes ◽  
Legal Effect ◽  
Two Factors ◽  
The Relationship ◽  
Legal Consequences

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 

Sign in / Sign up

Export Citation Format

Share Document