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Markets, Morals, and the Law$
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Jules L. Coleman

Print publication date: 2002

Print ISBN-13: 9780199253609

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199253609.001.0001

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Corrective justice and wrongful gain

Corrective justice and wrongful gain

(p.184) 8. Corrective justice and wrongful gain
Markets, Morals, and the Law

Jules L. Coleman

Oxford University Press

This chapter makes a distinction between two questions: what grounds a victim's claim to recovery, and what justifies holding an injurer liable for the harms his conduct occasions. That these two questions are distinct can be seen from the fact that a society could permit all victims to seek compensation for all injuries (other than injuries that are self-imposed) while providing that injurers can be held liable only when their conduct is faulty or negligent. Such an arrangement might be undesirable, but that would be a normative matter, not an analytic one. In other words, it is not analytic that compensation flows from an injurer to a victim. That is tort practice, one that needs a defense. By distinguishing between the grounds and modes of recognition, the chapter tries to show how a scheme of no-fault liability can be made consistent with the demands of justice in liability.

Keywords:   corrective justice, wrongful gain, liability, victims, injurers, compensation, torts, fault, Richard Posner

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