“The fundamental question of private law’s remedies is how do subsequent remedial actions rationally address prior failures. This question can be approached either intrinsically or extrinsically. While the former justifies and explains the remedial action from within the original plaintiff-defendant relationship, the latter welcomes external principles and goals. The arguments of this thesis fit within an intrinsic approach to private law’s remedies. To this end, several arguments are levied against the extrinsic perspective, and, in particular, its confidence in the separation of rights and remedies. For positive inspiration, it looks to two leading intrinsic theoretical accounts – those of Ernest Weinrib and John Gardner, respectively – with an eye to revealing what, if any, meaningful differences there are between the two. Using the language and logic of practical reasons and reasoning, this dissertation suggests that remedies can be understood in one of two ways …”
Zoe Sinel, Understanding Private Law’s Remedies. University of Toronto Doctoral Thesis. Issue Date: 13-Aug-2013.
First posted 2013-08-17 09:47:33
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