Chapter

Outline of a Theory of Corrective Justice

Eric Rakowski

in Equal Justice

Published in print July 1993 | ISBN: 9780198240792
Published online October 2011 | e-ISBN: 9780191680274 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198240792.003.0010

Series: Clarendon Paperbacks

Outline of a Theory of Corrective Justice

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Equality of fortune fundamentally stipulates that within a sphere of rights protecting people's physical and mental integrity, individuals are initially entitled to equal shares of the community's resources. The property rights from which their shares are built, or which they later sell or give away, are not, however, a solid entity that cannot be separated. Instead, popular pairings of rights merely reflect common preferences, and entitlements are always separable at the behest of those who opt for some components of resources. The most interesting theoretical question in deciding whether to modify the initial regime of strict liability for harm or to replace property entitlements carrying the right to enjoin intrusions with entitlements bearing only the right to compensation for resulting injuries is the extent to which people have a moral duty to give away a part of their rights so that others might derive a substantial benefit.

Keywords: corrective justice; entitlement; property rights; moral duty; strict liability; fortune

Chapter.  8263 words. 

Subjects: Social and Political Philosophy

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