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- Title
A theory of redressive justice.
- Authors
Gold, Andrew S
- Abstract
This article proposes a new category of justice between individuals, in light of recent developments in corrective justice theory and civil recourse theory. This category - redressive justice - governs the enforcement of rights by a wronged party against the party who committed the wrong. More precisely, it governs the undoing of a transaction between two parties, either by a right holder, or by a party acting on a right holder's behalf. As the article indicates, redressive justice is importantly distinct from leading conceptions of corrective, distributive, retributive, and preventive justice. In addition, redressive justice can help explain diverse legal fields, ranging from tort to contract to unjust enrichment.
- Subjects
CORRECTIVE justice; DISTRIBUTIVE justice; RIGHT of petition; UNJUST enrichment; TORTS
- Publication
University of Toronto Law Journal, 2014, Vol 64, Issue 2, p159
- ISSN
0042-0220
- Publication type
Article
- DOI
10.3138/utlj.0215