Corrective and Distributive Justice: From Aristotle to Modern Times

Hardcover | February 15, 2009

byIzhak Englard

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Corrective and Distributive Justice: From Aristotle to Modern Times retraces the intricate history of the distinction between corrective and distributive justice. This distinction is elaborated in the 5th book of Aristotle's Nicomachean Ethics, which was rediscovered in Western Europe in the12th and 13th centuries by the Scholastics and turned into a central topic in legal and theological scholarship. After a decline of interest in the wake of the enlightenment and secularization, a surprising revival of these notions of justice occurred in U.S. legal and philosophical discourse duringthe last four decades that has made this distinction a central issue in tort law, restitution and other important fields of private and public law. In literally hundreds of articles and a considerable number of books, the Aristotelian distinction has been elaborated, discussed, and applied. Englard's unique contribution to this aspect of legal history grants the contemporary reader a historical perspective that is vital for a deepened understanding of the distinction and modern concerns. Organized chronologically, Englard's research covers: Aristotle, High Scholastics, LateScholastics, Post-Scholastics, and Modernity. The relevant literature is notoriously difficult to access, not only because of its Latin language, but because of the physical rarity of the relevant books scattered throughout the world. This book offers the modern reader a touchstone synthesis ofintellectual and legal history.

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Corrective and Distributive Justice: From Aristotle to Modern Times retraces the intricate history of the distinction between corrective and distributive justice. This distinction is elaborated in the 5th book of Aristotle's Nicomachean Ethics, which was rediscovered in Western Europe in the12th and 13th centuries by the Scholastics an...

Professor Izhak Englard is a member of the International Academy of Comparative Law, and received the prestigious Israel Prize in Law in 1997. Professor Englard has been a visiting professor at Yale, Columbia, Penn, and many other European institutions, and has written many books and articles on Tort Law, Contract Law, Jurisprudence, ...
Format:HardcoverDimensions:256 pages, 6.1 × 9.29 × 0.79 inPublished:February 15, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019538007X

ISBN - 13:9780195380071

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Table of Contents

1. The Starting Point: Aristotle's Classification of Justice2. High Scholastics3. Late Scholastics4. A Special Theological Problem: Divine Justice5. Jewish Commentators6. Post Scholastic Writers7. The Modern Use of Aristotle's Forms of JusticeIndex