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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.

Tabla de contenidos provista por Syndetics

• Preface(p. ix)
• Introduction(p. xi)
• 1 The Starting Point: Aristotle's Classification of Justice(p. 1)
• 2 High Scholastics(p. 11)
• 3 Late Scholastics(p. 27)
• 4 A Special Theological Problem: Divine Justice(p. 79)
• 5 Jewish Commentators(p. 111)
• 6 Post-Scholastic Writers(p. 123)
• 7 The Modern Use of Aristotle's Forms of Justice(p. 177)
• Conclusion(p. 209)
• Appendix: The Iconography of the Aristotelian Distinction(p. 215)
• Table of Cases(p. 225)
• Index(p. 227)

Notas de autor provistas por Syndetics

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, Legal Capacity, and Comparative Law. He is a retired Justice of the Israeli Supreme Court, and previously served as the Dean of Hebrew University.