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Book Chapter: John Gardner’s Continuity Theory of Corrective Justice
Title | John Gardner’s Continuity Theory of Corrective Justice |
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Authors | |
Issue Date | 2022 |
Publisher | Oxford University Press |
Citation | John Gardner’s Continuity Theory of Corrective Justice. In Michelle Dempsey and Francois Tanguay-Renaud (Eds.), From Morality to Law and Back Again: A Liber Amicorum for John Gardner. : Oxford University Press How to Cite? |
Abstract | This chapter discusses John Gardner’s justification of wrongdoers’ duty to repair, which is based on what he labelled the “continuity thesis”. After noting that continuity-thesis-based justifications of wrongdoers’ duty to repair come in different forms, it is suggested that Gardner can be read either as offering a version that is based on a loss-independent right to hold on to one’s existing life, or a version that is based on a right against wrongful loss. It is argued that the former version cannot justify reparation generally, and that the latter version cannot work in circumstances of distributive injustice. Two passages by Gardner discussing distributive-justice-based challenges to corrective justice are then considered, and it is argued that they provide no satisfactory reply to the concern just raised. |
Persistent Identifier | http://hdl.handle.net/10722/320956 |
DC Field | Value | Language |
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dc.contributor.author | Chau, SC | - |
dc.date.accessioned | 2022-11-01T04:44:20Z | - |
dc.date.available | 2022-11-01T04:44:20Z | - |
dc.date.issued | 2022 | - |
dc.identifier.citation | John Gardner’s Continuity Theory of Corrective Justice. In Michelle Dempsey and Francois Tanguay-Renaud (Eds.), From Morality to Law and Back Again: A Liber Amicorum for John Gardner. : Oxford University Press | - |
dc.identifier.uri | http://hdl.handle.net/10722/320956 | - |
dc.description.abstract | This chapter discusses John Gardner’s justification of wrongdoers’ duty to repair, which is based on what he labelled the “continuity thesis”. After noting that continuity-thesis-based justifications of wrongdoers’ duty to repair come in different forms, it is suggested that Gardner can be read either as offering a version that is based on a loss-independent right to hold on to one’s existing life, or a version that is based on a right against wrongful loss. It is argued that the former version cannot justify reparation generally, and that the latter version cannot work in circumstances of distributive injustice. Two passages by Gardner discussing distributive-justice-based challenges to corrective justice are then considered, and it is argued that they provide no satisfactory reply to the concern just raised. | - |
dc.language | eng | - |
dc.publisher | Oxford University Press | - |
dc.relation.ispartof | From Morality to Law and Back Again: A Liber Amicorum for John Gardner | - |
dc.title | John Gardner’s Continuity Theory of Corrective Justice | - |
dc.type | Book_Chapter | - |
dc.identifier.email | Chau, SC: pscchau@hku.hk | - |
dc.identifier.authority | Chau, SC=rp01529 | - |
dc.identifier.hkuros | 341070 | - |