Ernest Weinrib has argued, influentially, that private law must only do ‘corrective justice’ and that corrective justice is coextensive with the Kantian principle of right. These important claims, although extensively critiqued, have not been adequately refuted. The first depends on the premise that private law must be ‘coherent’ – that is, based on a ‘single integrated justification’ – to be justified. The second depends on Weinrib’s understanding of the ‘equality’ that corrective justice maintains. I will identify the precise reasons for rejecting both of these arguments and consider some of the implications of doing so.
Andrew Fell, Corrective Justice, Coherence, and Kantian Right, University of Toronto Law Journal. https://doi.org/10.3138/utlj.2018-0115. Published Online: June 28, 2019.