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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: 23 June 2021

Secondary Duties

Secondary Duties

(p.185) 9 Secondary Duties
Civil Wrongs and Justice in Private Law

Victor Tadros

Oxford University Press

This chapter argues that civil wrongs are central to remedies. It shows that private law remedies are primarily responsive to wrongs. Furthermore, the stringency of secondary or remedial duties reflects the special moral significance of wrongs as such. This chapter attributes the tendency to discount the normative relationship between wrongs and remedies to lack of clarity on that between primary and secondary moral and legal duties. Here, the justification for secondary legal duties becomes an extension of that for secondary moral duties. This implies that the way forward lies in the clarification of the normative significance of the deontic structure of private law and, in turn, the associated moral aims of private law.

Keywords:   civil wrongs, remedies, private law remedies, primary duties, secondary duties, legal duties, moral duties

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