Corrective justice and deterrence : can they co-exist?
European Journal of Legal Studies, 2013, Vol. 6, No. 1, pp. 109-125
AL-TAWIL, Tareq, Corrective justice and deterrence : can they co-exist?, European Journal of Legal Studies, 2013, Vol. 6, No. 1, pp. 109-125 - https://hdl.handle.net/1814/28732
Retrieved from Cadmus, EUI Research Repository
Restitutionary justice and deterrence have completely different types of justification. Although deterrence and restitutionary justice are quite different, this does not prevent the two from sharing the same means to their different ends, namely, stripping the defendant of the gain which he has made from his breach of contract and awarding it to the claimant. But the crucial question is: how can these diverse ideas be joined in a coherent unified theory? This article aims to deliver a mixed theory of restitutionary justice and deterrence in contract law.
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