Remedies and Restitution Assignment Essay Example | Topics and Well Written Essays - 1750 words

Remedies and Restitution Assignment - Essay Example In reviewing the tort of negligence and the alleged prevalence of the â€Å"blame culture†, it is important at the outset to consider the theoretical justification for fault based liability in tort, which has arguably extended the concepts of duty of care, which in turn has fuelled a blame culture. To this end Hassan El Menyawi propounds that such an evaluation is essential to a meaningful comparison of the arguments for and against a no fault scheme in the tort of negligence: â€Å"On a formalist account, a theory of justification stands for the idea that law is not merely a huge collection of separate and disparate norms, but a cohesive social arrangement, which is describable in the form of one or more several moral values†¦Ã¢â‚¬ ¦. We adopt this methodology and account for tort law by exploring a variety of distinct justifications3†. This concept of â€Å"moral values† underpins the current fault based liability for negligence in the framework of a system of â€Å"corrective justice†. The fundamental difference between the corrective system and the no fault system of distributive justice relates to the legal approach to the structure of interactions. For example, corrective justice centres on the â€Å"transaction4† between two parties, whereas distributive justice is rooted in a distribution whereby compensation is awarded to members of a group. As such, Weinreb5 comments that: â€Å"To take a modern example, the legal regime of personal injuries can be organised either correctively or distributively. Correctively, my striking you is a tort committed by me against you, and my payment to you of damages will restore the equality disturbed by my wrong. Distributively, the same incident activates a compensation scheme that shifts resources among members of a pool of contributors and recipients in accordance with the distributive