Andrew Gold, ‘A theory of redressive justice’

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.

Andrew Gold, ‘A theory of redressive justice’. University of Toronto Law Journal, Volume 64, Number 2, Spring 2014.

First posted 2014-04-10 12:02:43

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