Published online by Cambridge University Press: 10 August 2020
We address the deontological, philosophical, pedagogical and religious foundations of Maimonides’ tort theory. Maimonides regards removing the wrong as an important aim of tort law, alongside other aims, which are directed at the meta-aim of the “welfare of the body.” We looked at the similarities and the differences between this aim and the theories of prominent modern corrective justice theories, such as those presented by Weinrib. Maimonides emphasizes educational, punitive, religious (prohibition against causing damage) and social aspects that shape this aim of “removing the wrong” in particular, and tort law in general. Therefore, the application of tort law and the conception of corrective justice is wider according to Maimonides’ approach than according to narrow conceptions of corrective justice that place the emphasis on the correlative framework of the damager/victim. Tort law, according to Maimonides, is designed not only to restore the status quo ante, but to repair the qualities of the damager, to shape him as a person who contributes to a society which dutifully observes the religious precepts and is careful not to cause damage to the property and to the body of another. Moreover, Maimonides incorporates distributive considerations into his theory, particularly on the subject of compensation.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.