The Strange Endeavour to Establish a Right to Do Wrong

Englard, Izhak

doi:10.3790/rth.47.1.13

Cited by 1 publication

(1 citation statement)

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“…Compensation can be provided to those who are injured by accidents, satisfying the community's moral responsibility to protect and compensate injured members of society, and overcome a major flaw of tort law. 65 Importantly, this scheme would allow victims to seek meaning and achieve a sense of self-justice, as the defendant is still being pursued and held accountable for their wrongs, surpassing the primary moral flaw of no-fault schemes.…”

Section: Ethical Justicementioning

confidence: 99%

Justice, Janus-like: The future of Australian personal injury compensation

Wallis¹

2016

AURJ

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Abstract'Justice, Janus-like' is a comparative assessment of the ability of the negligence system and the pure no-fault system to provide ethical, fair and adequate compensation to victims of personal accident in Australia. This paper arose from a concern that neither of these schemes fully satisfies the needs of victims and society. The comparative assessment focuses on three key goals of personal injury compensation schemes: adequate and quick compensation, deterrence potential, and the ability to achieve social justice. By evaluating the tort of negligence and a pure no-fault compensation scheme against these criteria, this essay found each system is fundamentally flawed. As such, this paper proposes that the fairest, most effective and socially useful mechanism to compensate victims of personal injury is through the implementation of a hybrid system: the tort of public liability. This alternative is capable of achieving all the key goals of personal injury compensation, while at the same time avoiding the challenges faced by both the negligence and no-fault systems. Australia is quickly moving into the future of personal injury compensation, with more jurisdictions considering the implementation of full no-fault schemes. This paper demonstrates that this approach is imperfect and, as such, an alternative scheme, such as the public liability tort, must be considered. As we move into the future, we must seriously consider the shortcomings of our current legal system, and find a way of compensating victims that achieves all three aims of compensation: deterrence, ethical justice and fair compensation.

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Section: Ethical Justicementioning

confidence: 99%

Justice, Janus-like: The future of Australian personal injury compensation

Wallis¹

2016

AURJ

View full text Add to dashboard Cite

show abstract

The Strange Endeavour to Establish a Right to Do Wrong

Cited by 1 publication

References 5 publications

Justice, Janus-like: The future of Australian personal injury compensation

Justice, Janus-like: The future of Australian personal injury compensation

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