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Civil Wrongs and Justice in Private Law$
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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

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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

(p.275) 13 Joint-Carving in Deontic Tort
Civil Wrongs and Justice in Private Law

Ahson Azmat

Oxford University Press

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

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