Abstract

Abstract This chapter defends the claim that certain questions of distributive justice are central to the law of torts, and cannot but be faced by those who administer and develop it, precisely because the law of torts is a site of corrective justice. Those with pigeonholing instincts may be tempted to label this a ‘mixed’ or ‘pluralistic’ explanation of tort law. The chapter endorses Peter Cane’s thesis that corrective justice provides the structure of tort law within which distributive justice operates. It presents a version of this thesis which shows that the place of corrective justice in tort law enjoys some kind of explanatory priority.

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