In this paper James Penner argues that in contrast to the moral foundations of contract, tort, and the law of property, which are generally regarded as being aspects or elements of ‘right’, to put it in quasi-Kantian terms, liability to return the value of mistaken payments is an example of the law’s enforcing a duty of virtue. In a way similar (though not identical) to how the law might instantiate a duty of easy rescue as the ‘replacement’ in particular cases of the general duty of beneficence, liability for mistaken payments counts as an instantiation of the same duty of beneficence in a particular sort of factual situation … (more, paper download)
First posted 2015-11-13 12:30:04
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