ABSTRACT

In Aristotle's classic account, corrective justice eliminates wrongful gains and their correlative losses. In this chapter, the author addresses this Essay, what is the nature of these gains and losses? According to Aristotle, liability is the law's response to an unjust gain by the defendant that is correlative to the plaintiff's unjust loss. The author focuses on Aristotle's text, he conceive this task as philosophical rather than exegetical. Aristotle describes corrective justice as follows. Corrective justice deals with the relationship of the doer and the sufferer of a wrong. From the standpoint of corrective justice, the two parties are equals, and justice consists in vindicating their equality. The doer's unjust treatment of the sufferer disturbs this equality, leaving the doer with a gain and the sufferer with an equivalent loss. Two important points are implicit in Aristotle's account of corrective justice. The first concerns the connection between the two particular parties. The second point deals with the nature of adjudication.