Giulio Fornaroli opublikował nowy artykuł: "Neglecting Others and Making It Up to Them: The Idea of a Corrective Duty” w czasopiśmie Legal Theory

Abstrakt

I aspire to answer two questions regarding the concept of a corrective duty. The first concerns what it means to wrong others, thus triggering a demand for corrections (the ground question). The second relates to the proper content of corrective duties. I first illustrate how three prominent accounts of corrective duties—the Aristotelian model of correlativity, the Kantian idea that wronging corresponds to the violation of others’ right to freedom, and the more recent continuity view—have failed to answer the two questions satisfactorily. I then introduce my proposal, which holds that we wrong others when we fail to treat their status as moral agents as a source of stringent constraints on our action. I call it the moral neglect account. Once we have identified a common aim of corrective duties (counterbalancing moral neglect), we can fill their content in the various contexts in which wronging has occurred. I conclude by observing that it is not the primary role of corrective justice to assign responsibilities for damage reparations; in fact, requests for compensation make more sense if framed in distributive rather than corrective terms.

Link do artykułu

Fornaroli, Giulio. 2024. ‘Neglecting Others and Making It Up to Them: The Idea of a Corrective Duty’. Legal Theory 1–25. doi: 10.1017/S1352325223000198