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A Compensatory Conception of Corrective Justice Revisited

2012; RELX Group (Netherlands); Linguagem: Inglês

1556-5068

Carlos F. Rosenkrantz,

Law, Economics, and Judicial Systems

For Jules Coleman’s conception of corrective justice wrongfulness is what matter most. Corrective justice is about correcting the outcomes of actions performed in violation of our duties. In this essay I challenge this view. I argue that Coleman’s impossibility to explain our canonical responses to cases of justified harms – harms caused by non-reproachable actions – evidences a fatal problem of his view. I succinctly show that an alternative conception of corrective justice which pivots around causation – a “Compensatory Conception” – does not encounter the kind of problems Coleman suggests and, therefore, should be preferred to Coleman’s conception.