COMPENSATION AND CONTINUITY. (September 2020)

• Record Type: Journal Article
• Authors: Steel, Sandy
• Is Part Of: Legal theory. Volume 26:Number 3(2020)
• Page Start: 250
• Page End: 279
• Publication Date: 2020-09
• Subjects: Law -- Periodicals; 340.1
• DOI: 10.1017/S1352325220000221
• Languages: English
• ISSNs: 1352-3252

Abstract

ABSTRACT: This article examines accounts of the moral basis of compensatory duties that explain such duties as the continuation, in some way, of the pre-wrong normative situation. I identify, contrast, and assess three versions of this view—duty continuity, right continuity, and reasons continuity. I argue that each version is defensible, once properly articulated. The article responds to a range of objections to these views that have not received much critical attention by their proponents.