Private Law Theory

ABSTRACT
A book review for Andrew Gold’s book, The Right to Redress, now out in paperback. Highlights Gold’s distinction between redressive and corrective justice. Praises as distinctive and provocative his ‘persistence thesis’, which is a version of the continuity thesis applied to rights of self-defense and similar rights to protect one’s rights. Argues that, given Gold’s own methodological priors, his view might need to invoke of a new category of justice, which the review identifies and calls ‘intercessive justice’. The label refers to the set of moral norms governing when we may demand third parties (like the state) to assist in enforcing rights governed under redressive justice.

Encarnacion, Erik, Book Review: Andrew Gold, The Right to Redress (2020). (June 18, 2022). Journal of Moral Philosophy, forthcoming.

First posted 2022-07-08 10:00:49