Principles Of Corrective Justice

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CORRECTIVE JUSTICE AS A PRINCIPLE OF CIVIL LIABILITY Doctor of Laws teaching assistant M. Ampovska, e-mail: marija.radevska@ugd.edu.mk University "Goce Delcev" Shtip Faculty of Law Abstract This paper is focused on the principle of corrective justice as one of the basic principles of civil liability in the context of the modern living and increasing risks, and the influence they have on the established bases of civil liability. Key words: civil liability, corrective justice, risk, principle. Two dominant theoretical approaches to contemporary tort theory are corrective justice and the theory of law and economics. While the idea of law and economics is the latest expression of a broader group of rivals to corrective…show more content…
For Aristotle two broad categories of justice existed: - general justice which is whole of virtue and is concerned with all the objects with which the good men is concerned…show more content…
In the doctrine there is consent that the fault liability is an articulation of our ordinary moral conceptions of responsibility, carelessness and wrongdoing, harm and reparation. Fault liability is a response to our sense of morality in the way that it satisfies it. On the other hand the strict liability appeared, like we already mentioned, in the mid-twentieth century initiated by the technological and industrial progress of the modern society that brought many risk and many cases of causing damage that couldn’t connect with anybody’s fault. In the doctrine there is existence of many theories that offer argumentation on what the basis for this liability is, but what is notable is that:"In each version of the theory of strict liability, the injurer’s prima facie liability depends on his volitional conduct causing the victim to suffer a comprehensible loss. In no case does his liability depend in any way on the injurer’s being at fault." In our opinion, most acceptable and dominant theory today is the theory of created risk. This theory is created in the French doctrine where " The case law and legislation in the late 19th century, motivated by the legal theory, had given new impulses to the theory in seeking le principe nouveau qui pűt fonder le droit à
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