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Aristotle, Contract Law, and Justice in Transactions
Get PDFThis article sheds new light on Aristotle’s conception of voluntary corrective justice through an engagement with Peter Benson’s theory of transactional justice as expounded in his new work, Justice in Transactions: A Theory of Contract Law. Benson relates his theory of transactional justice to Aristotle’s conception of voluntary corrective justice. He also states that his theory “engages some fundamental themes and outstanding questions arising from Aristotle’s account” (2019: 30). The article provides a faithful reading of the nature and working logic of voluntary corrective justice as envisaged by Aristotle to argue that Benson neither thematizes the link between his theory and Aristotle’s conception of voluntary corrective justice, nor sheds new light on Aristotle’s thought on justice more generally. In fact, the article shows, Benson’s views on justice are incompatible with Aristotle’s. This is unfortunate, the article concludes, for Benson’s contract law theory is otherwise fascinating and analytically coherent.
Keywords: contract law; transactional justice; Aristotle; corrective justice; Peter Benson
Tikanga and Culture in the Supreme Court: Ellis and Deng
Get PDFThe following article is based on a speech delivered by Justice Glazebrook on two recent Te Kōti Mana Nui o Aotearoa/Supreme Court of New Zealand cases: Ellis v R (role of tikanga in the law of Aotearoa/New Zealand) and Deng v Zheng (cultural considerations). After a short introduction by Mai Chen, Justice Glazebrook introduces the background to these cases, their holdings and makes a few preliminary comments. She also links these recent developments with other judicial-led projects to address cultural considerations.
Keywords: tikanga; cultural considerations; appeals; Supreme Court of New Zealand
Restorative Justice as a New (Sustainable) Paradigm of Justice
Get PDFNot only is restorative justice (RJ) an increasingly developing area within scholarly debate, it is also a field where legislation is making significant progress. It is in statutes that practical solutions need to be sought out and eventually enshrined in law in order to accommodate individuals’ demands for justice. Therefore, in a scenario where the economic impact of a traditional judicial matter may “skyrocket” to egregious levels, RJ may well represent a new and alternative model for the judicial system. Against this backdrop, this article, first and foremost, discusses and analyses the history and evolution of RJ. Thereafter, attention is turned towards the most recent applications of RJ, such as for the resolution of family conflict.
Keywords: restorative justice; legal costs; comparative analysis; United Kingdom; Scotland; Italy
