Corrective and Distributive Justice - 802 Words

I INTRODUCTION Corrective and distributive justice both provide a basis for which tort law operates, although corrective justice is more widely applied and acknowledged, as it generally controls the way damages operate in cases. However, as shown by some cases in tort law, it is not always applied and therefore is not the only principle that has shaped tort law into what it is today. II DISTRIBUTIVE AND COMMUTATIVE JUSTICE: HISTORY AND THEORY A Corrective Justice Corrective justice exists in the transactions between people, and follows an equation that ensures that one party does not have more than the other, and is therefore most relevant to involuntary transactions, such as torts . It is restorative in nature and is concerned with restoring parties to the pre-transactional state, rather than bettering their positions . Originally an Aristotelian principal, it was adopted by Thomas Aquinas to explain liability in terms of two actions: taking another’s property and causing another harm . However, some critics wish to extend the principle further than that of simple restitution, and argue that ‘commutative’ justice is more relevant, as it refers to both the structure of corrections, as well as the rules and principles that define the criteria of said correction . Some academics disagree with corrective justice, finding it difficult to see how holding the defendant liable for the plaintiffs loss is supposed to restore equa lity by neutralizing the relevant gains andShow MoreRelatedAristotle s Views On Politics1031 Words   |  5 PagesAristotle’s mind, politics is inevitable as being human requires us to live in a society, which means dealing with other people and their desires. 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