Chapter

Correlativity and Personality

Ernest J. Weinrib

in Corrective Justice

Published in print September 2012 | ISBN: 9780199660643
Published online January 2013 | e-ISBN: 9780191748288 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199660643.003.0002

Series: Oxford Legal Philosophy

Correlativity and Personality

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This chapter sets out the ideas that make up the structure and content of corrective justice. Corrective justice is the synthesis of two complementary abstractions: correlativity and personality. Correlativity articulates at the most general level the structure of the relationship between the interacting parties as doer and sufferer of the same injustice. Personality, i.e., the idea of purposiveness regardless of one's particular purposes, similarly articulates at the most general level the conception of the interacting parties that is presupposed in a regime of rights and correlative duties. Although personality has been elaborated by philosophers of natural right, such as Kant, its theoretical significance for private law lies not in its representing a sound philosophical account of rational agency, but in its being implicit in the law's doctrines and institutions.

Keywords: corrective justice; correlativity; personality; rights; Kant

Chapter.  11682 words. 

Subjects: Jurisprudence and Philosophy of Law

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