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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: 20 June 2021

The Relevance of Wrongs

The Relevance of Wrongs

(p.41) 3 The Relevance of Wrongs
Civil Wrongs and Justice in Private Law

Andrew S. Gold

Oxford University Press

This chapter discusses the senses in which private law is responsive to wrongs. It begins by explaining that while private law is responsive to civil wrongs, it is responsive to other kinds of wrongs, too, including moral wrongs. The chapter explains that private law proves particularly responsive to moral wrongs within the conscience-based jurisdiction of equity. It also notes that private law’s responses to wrongs are varied. Furthermore, in certain circumstances, courts’ concern for moral wrongs in the enforcement of legal rights will mean that it overlooks a civil wrong or deviates from its customary responses (remedial or otherwise) to these wrongs. Finally, the variety evident in private law’s responses to wrongs suggests that wrongs raise different concerns of justice within private law, some of which may be in tension.

Keywords:   civil wrongs, moral wrongs, legal rights, equity, equitable justice, justice

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