Corrective and Distributive Justice From Aristotle to Modern Times

Author: Izhak Englard
Publisher: Oxford University Press USA
ISBN: 9780195380071
Published In: February 2009
Format: Hardback , 256 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 the 12th 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 during the 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, Late Scholastics, 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 of intellectual and legal history.

Chapter 1: The Starting Point: Aristotle's Classification of Justice
Chapter 2: High Scholastics
Chapter 3: Late Scholastics
Chapter 4: A Special Theological Problem: Divine Justice
Chapter 5: Jewish Commentators
Chapter 6: Post Scholastic Writers
Chapter 7: The Modern Use of Aristotle's Forms of Justice
Index

"Englard performs a great service for which he deserves our thanks: visiting many European libraries he has sought out the books, studied them carefully, and told us (with considerable patience and with a disarming lack of pretension) what they have to about the Aristotelian distinction. In addition to covering scholastic, post-scholastic and modern texts, Engard also offers us interesting chapters that discuss the theological problem of divine justice, the Jewish commentators on Aristotle, and the iconography of the Aritstotelian distinction. His book therefore provides a valuable resource both for legal philosophers and for legal historians." - The Cambridge Law Journal