Faced with the complex social reality,the interpretation of tort law has been limited by the single theory of corrective justice or optimal deterrence.More scholars agree that tort law has multiple functions and pluralistic theory,but how to coordinate the relationship between different values has become a key issue.Englard introduced the idea of complementary in the philosoph-ical basis of quantum mechanics into tort law,thus reconstructing the coherence of justice into the complementary of justice,and advocating that corrective justice and distributive justice should be mutually exclusive and complementary harmony.The comple-mentary theory of correctional justice and distributive justice is based on Chinese philosophy and can provide a legal basis for the legal modernization of tort law.
关键词
侵权法哲学/互补性/矫正正义/分配正义/阴阳哲学
Key words
philosophical foundations of tort law/complementary/corrective justice/distributive justice/philosophy of Yin and Yang
维普
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