Chapter

The Obligation of Reparation

Neil MacCormick

in Legal Right and Social Democracy

Published in print March 1984 | ISBN: 9780198255024
Published online March 2012 | e-ISBN: 9780191681561 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255024.003.0011
The Obligation of Reparation

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This chapter examines the term ‘obligation of reparation’ and intends to apply it to any case of a person's being bound to make good another's harm on the ground of his responsibility for it. It envisages that such an obligation may be either a moral or a legal obligation, or indeed both together. It also explains ‘that obligations of reparation may be independent of anterior moral fault, and that their primary moral foundation may be respect for the rights of the person hurt or harmed in a given case’. The chapter discusses what, if any, is the moral foundation of obligations of reparation in such cases. It uses a critical principle in relation to the law concerning reparation of injuries. Finally, it also considers the significance of the obligation of reparation in the analysis of legal systems, having particular regard to the notions of legal sanction and coercion.

Keywords: obligation of reparation; moral fault; legal systems; sanction; coercion

Chapter.  7905 words. 

Subjects: Jurisprudence and Philosophy of Law

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