Year: 2014
Type: book-chapter
Abstract: Courts often say that tort is a substitute for revenge. But it is not clear how the substitution is supposed to work. Taking the classic case of Alcorn v Mitchell as a template, this chapter argues that the primary reason for regarding tort as a substitute for revenge is that both are tools for doing corrective justice. In support of that contention, the chapter develops a communicative conception of corrective justice and defends it as superior to the standard Aristotelian picture. It then makes the case that tort and revenge share similar expressive aims.
Source: Oxford University Press eBooks
Author: Scott Hershovitz
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W2148198280