Private Law Theory

ABSTRACT
This article examines accounts of the moral basis of compensatory duties that explain such duties as the continuation, in some way, of the pre-wrong normative situation. I identify, contrast, and assess three versions of this view – duty continuity, right continuity, and reasons continuity. I argue that each version is defensible, once properly articulated. The article responds to a range of objections to these views that have not received much critical attention by their proponents.

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Sandy Steel, Compensation and Continuity, Legal Theory, volume 26, issue 3, September 2020, pp 250-279, DOI: https://doi.org/10.1017/S1352325220000221. Published online by Cambridge University Press: 23 December 2020.

First posted 2020-12-23 14:06:27