Do Theories of Justice Require Linkage Between Injurers and the Injured?
Tort regimes are founded upon a number of different theories of social justice. In this article, the authors examine different theories of corrective justice and join an ongoing discussion about the appropriate relationship between a tort-feasor and an injured victim. As its name suggests, corrective justice is used to restore parties that have experienced a wrongful gain or loss to the status quo ante. Within this broad category of corrective justice this article focuses on two major schools of thought. The first, the annulment theory, proposed by legal philosopher Jules Coleman, emphasized a distinction between liability and recovery. Under this theory, public policy is best served by eradicating or “annulling” wrongful gains and losses. Accordingly, a tort-feasor is only directly liable to her victim if she receives a wrongful gain and the victim suffers a wrongful loss, as with the typical fraud case. In all other circumstances, the tort-feasor’s liability and the victim’s recovery
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