Jump to ContentJump to Main Navigation
Civil Wrongs and Justice in Private Law$
Users without a subscription are not able to see the full content.

Paul B. Miller and John Oberdiek

Print publication date: 2020

Print ISBN-13: 9780190865269

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780190865269.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 June 2021

Joint-Carving in Deontic Tort

Joint-Carving in Deontic Tort

Chapter:
(p.275) 13 Joint-Carving in Deontic Tort
Source:
Civil Wrongs and Justice in Private Law
Author(s):

Ahson Azmat

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190865269.003.0013

This chapter argues that non-instrumental, deontic approaches to tort law—like Corrective Justice or Civil Recourse Theory—presuppose an unspecified and undefended non-naturalist account of the normativity of civil wrongs. Linking this puzzle to current debate within metaphysics, the chapter argues that a deontic theory of tort must be a theory of legal grounding—that is, an account of the relationship between torts and the facts that underwrite them. It specifies a model of the logical form of this grounding relationship and then examines whether it is a metaphysical or, instead, a sui generis legal relationship. The chapter then turns squarely to Corrective Justice and Civil Recourse Theory to determine whether they can make good on their metaphysical presuppositions.

Keywords:   corrective justice, civil recourse, civil wrongs, metaphysics, deontic tort

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .