Private Law, Public Right and the Duty to Rescue

This thesis explores the normative framework of private law from the standpoint of corrective justice. After identifying problems in the classic model of Kantian corrective justice, it argues that these difficulties can be remedied by modifying the heavy reliance of corrective justice upon Kantian legal philosophy. Further, by returning to an equality-based approach grounded in Aristotle’s principle of corrective justice, this thesis indicates the appropriate method for situating private law within a public realm. Finally, through a careful reanalysis of legal personality under corrective justice, this thesis sets the conceptual basis for the imposition of a limited duty of easy rescue.

Department dc:contributor.department

Law

Year dc:date.issued

2018

Author dc:creator

• Gal, Yona

Advisor dc:contributor.advisor

• Benson, Peter

Handle dc:identifier.uri

http://hdl.handle.net/1807/91766

OAI identifier oai:identifier

oai:utoronto.scholaris.ca:1807/91766