ABSTRACT

From the perspective of corrective justice, the point of a tort action is to undo the injustice that the defendant has done to the plaintiff. Formulated by Aristotle in antiquity, nurtured by the scholastic tradition in the Middle Ages, and then reworked by modern philosophers of natural right, corrective justice had long been a staple of legal theory. Fundamental though it is, correlativity is not the only component of the juridical conception of corrective justice. That conception also features a distinct notion of the person that philosophers in the natural right tradition have termed "personality". In the juridical conception of corrective justice, correlativity and personality are complementary ideas. They are the mutually entailed parts of a single conception, but they highlight different aspects of it. The juridical conception of the corrective justice is the centerpiece of a theory of liability.