Chapter

Remedies

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/9780199660643.003.0004

Series: Oxford Legal Philosophy

Remedies

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Under corrective justice, the plaintiff's right survives the defendant's infringement of it and continues into the remedy with a changed content. This chapter explains this idea of continuity and sets out how various remedies fit within in it. The corrective justice conception stands in contrast with the idea, exemplified by the indemnified injunction of Spur v Webb and a famous article by Calabresi and Melamed, that the injustice is the condition for the remedy but does not control its character. The chapter concludes with a discussion of the difference between monistic and dualistic approaches to remedies. It suggests that corrective justice can reconcile the tension between these approaches by situating the right within a system of rights, thereby allowing systemic considerations to be introduced at the remedial stage.

Keywords: rights; remedies; indemnified injunction; Spur v Webb; Calabresi and Melamed; monism and dualism

Chapter.  15441 words. 

Subjects: Jurisprudence and Philosophy of Law

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