Ernest Weinrib
Ernest J. Weinrib is a legal academic specializing in Jurisprudence and legal philosophy, specializing in private law. He teaches at the University of Toronto Faculty of Law.
Theories
In Weinrib's theories he sees the world of private law (that is tort, contract and restitution) as being composed of "bilateral relationships between individuals whereby one persons right is always a function of another persons duty."[1]
Because of this he argues that private law cannot explain factors like punitive damages and other remedies used for behavior modification. Private law he argues is an ends to itself and not a means to some other particularly political, economic or social change. The only purpose, he says, for "private law, is to be private law".[2]
Weinrib sees that private law is as one commentator put it "regards the parties to a lawsuit as active and passive poles of the same injustice. The injustice [occurs] in a disruption of the parties’ equality, whereby each party has what is rightfully his or hers."[3]
A Canadian, he has been critical of what he considers the judicial activism of the Canadian Supreme Court.[citation needed]
Writing
- Weinrib, Ernest J., 1980, "The Case for a Duty to Rescue", Yale Law Journal, 90: 247–93.
- Weinrib, Ernest J., 1987, "Causation and Wrongdoing", Chicago-Kent Law Review], 63: 407–50.
- Weinrib, Ernest J., 1988, "The Special Morality of Tort Law", McGill Law Journal, 34: 403–13.
- Weinrib, Ernest J., 1989a, "Right and Advantage in Private Law", Cardozo Law Review, 10: 1283–1310.
- Weinrib, Ernest J., 1989b, "Understanding Tort Law", Valparaiso Law Review, 23: 485–526.
- Correlativity, Personality, and the Emerging Consensus on Corrective Justice by Ernest J Weinrib (2001) (Theoretical Inquiries in Law)
- Weinrib, Ernest J., 1992, "Corrective Justice", Iowa Law Review, 77: 403–26.
- Weinrib, Ernest J., 1995a, "The Gains and Losses of Corrective Justice", Duke Law Review, 44: 277–97.
- Weinrib, Ernest J., 1995b, The Idea of Private Law, (Harvard University Press,2002),
- Ernest J Weinrib, Correlativity, Personality, and the Emerging Consensus on Corrective Justice by (Theoretical Inquiries in Law, 2001)
- Ernest J. Weinrib, Corrective Justice in a Nutshell The University of Toronto Law Journal Vol. 52, No. 4 (Autumn, 2002), pp. 349–356
- Weinrib Ernest J., Deterrence and Corrective Justice (2002) (UCLA Law Rev)
- Weinrib, Ernest J., 2012, Corrective Justice, Oxford: (Oxford University Press, 2012).
References
- ^ Peter Cane, Corrective Justice and Correlativity in Private Law, 16 Oxford Journal of Legal Studies (1996) (3): 471.
- ^ Peter Cane, Corrective Justice and Correlativity in Private Law, 16 Oxford Journal of Legal Studies (1996) (3): 471.
- ^ Anthony R. Sangiuliano, Book Notes: Corrective Justice, by Ernest J. Weinrib Osgoode Hall Law Journal Volume 51, Issue 1 (Fall 2013) p369.