Category Archives: Deontology and Moral Responsibility
Tatiana Dancy, ‘Gardner on Justice’
ABSTRACT For Gardner, questions of justice arose in the context of competitive claims to some good, and were ‘distinctive in being allocative questions’, or questions about ‘who is to get how much of what and why’. According to Gardner, these questions arose uniquely at the remedial stage of a private law enquiry. I argue that […]
Nils Jansen, ‘Restitution’
ABSTRACT By the 16th century, the old Judeo-Christian idea of a last judgement had long been a cornerstone of Christian faith. Indeed, Christians feared and admired God much more than trusted in his redeeming love. At the Council of Trent, the Roman Church again confirmed this old idea in the face of Protestant doubts. These […]
Diego Papayannis, ‘The Morality of Compensation through Tort Law’
ABSTRACT In this paper, I will focus on the normative structure of tort law. Only by elucidating the point or rationale of holding the wrongdoer responsible to the victim can we understand the value of having tort law instead of establishing other mechanisms of redress, such as a social insurance scheme. Ultimately, I will argue […]
Sergio Mittlaender, ‘Incomplete Promises and the Norm of Keeping Promises’
ABSTRACT Promises, like contracts, are inherently incomplete and rarely specify what the promisor ought to do in different possible contingencies, thereby being apt to be interpreted differently by the promisor and promisee, with their conflicting interests, and in a self-serving manner whenever circumstances change. This article studies the effect of the incompleteness of a promise […]
Ezebuiro and Uke, ‘The Moral Limit of Aristotle’s Corrective Justice’
ABSTRACT Theories of justice, following Aristotle, are usually divided into theories of retributive justice (punishment), corrective justice (the payment of damages for private injuries), and distributive justice (the regulation of social benefits, particularly economic rights and opportunities). This paper is concerned with the second. Its aim is to critically examine and analyze the limit that […]
Birger Priddat, ‘Relationality in Aristotle’s Economy’
ABSTRACT Aristotle’s economy is a political economy; it is not the house (oikos) that is central, nor (long-distance) trade, but the urban polis market, which not only allows the means of life of the citizens to be negotiated but at the same time the cohesion of the political community (koinonia politike) through friendly mediation. It […]
Andrew Halpin, ‘Other People’s Liberties’
ABSTRACT When we seek a fuller understanding of individual liberty including its relational character, we confront a conundrum. The evident advantages of a single individual possessing liberty cannot be simply transferred to a greater number of beneficiaries. This conundrum is confronted with the resources of Hohfeld’s analytical framework, developed specifically to elucidate the practical outworkings […]
Katherine Read, ‘What’s Morality Got to do with Enforcing a Promise?’
ABSTRACT This paper argues that, under Greenberg’s Moral Impact Theory, the moral obligation that one should fulfill their promises is an enforceable legal obligation in contract law. Through application of Greenberg’s theory, Louisiana’s obligations laws will show that the element of ’cause’ in contracts, a promisee’s right to specific performance, and a promisee’s right to […]
Stéphane Sérafin and Kerry Sun, ‘Corrective Justice and In Personam Rights: Reconsidering the Tort of Inducing Breach of Contract’
ABSTRACT The tort of inducing breach of contract poses a theoretical challenge for accounts of private law grounded in corrective justice theory. It implies the possibility of third-party liability for certain interferences with a contractual relationship, which is in tension with the conventional characterization (accepted by many corrective justice theorists) of contract and property rights […]
Markets and Morality – Special issue of Journal of Economic Behavior & Organization
Online markets and trust (Wenbo Zou, Jinjie Wang and Jubo Yan) Individualism, economic freedom, and charitable giving (Meina Cai, Gregory W. Caskey, Nick Cowen, Ilia Murtazashvili, … Raufhon Salahodjaev) Competition, information, and the erosion of morals (Julien Benistant, Fabio Galeotti and Marie Claire Villeval) The moral costs of markets: Testing the deterioration hypothesis (Justin Callais, […]