Chapter

Wrongdoing, Welfare, and Damages: Recovery for Non-Pecuniary Loss in Corrective Justice

BRUCE CHAPMAN

in The Philosophical Foundations of Tort Law

Published in print July 1997 | ISBN: 9780198265795
Published online March 2012 | e-ISBN: 9780191682971 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265795.003.0019
Wrongdoing, Welfare, and Damages: Recovery for Non-Pecuniary Loss in Corrective Justice

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This chapter offers a slightly different account of what corrective justice requires for the payment of monetary damages. Specifically, it argues that while corrective justice does require full compensation for the costs of future care, at least in so far as these involve pecuniary losses, and does require full compensation for the loss of future earnings, it does not require full compensation for non-pecuniary losses. This is true despite the fact that such losses have been caused by the defendant’s wrongdoing, and lie within its ambit. The reason for this is that corrective justice corrects for wrongdoing within the space of rights, not welfare. While welfare under the aspect of rights is ultimately attended to by a damages award under corrective justice, the fact that monetary damages can have no utility for the correction of non-pecuniary welfare losses under this aspect is decisive against the award of such damages.

Keywords: corrective justice; payment; monetary damages; pecuniary losses; compensation; non-pecuniary losses; rights; welfare; wrongdoing

Chapter.  9136 words. 

Subjects: Jurisprudence and Philosophy of Law

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