Allison Jandura, Theoretical Challenges of Accessory Liability in Private Law скачать в хорошем качестве

Allison Jandura, Theoretical Challenges of Accessory Liability in Private Law

Abstract: It remains a source of debate whether a general principle of accessory liability exists in private law, and if it does, how it should be conceptualized. Accessory liability has been broadly understood as liability imposed on a person because of their participation or involvement in someone else’s primary wrong. Because accessory liability is conditional on another person’s breach of legal duty, accessory liability seemingly sits in tension with corrective justice theories of private law which emphasize the bilateral relationship between a duty-bearer and correlative right-holder. I examine these theoretical issues and evaluate previous theories of accessory liability in private law. Specifically, I analyze the doctrinal and theoretical challenges that accessory liability in private law creates for a corrective justice theory of private law, as well as the limitations of existing justificatory accounts of accessory liability doctrines in the private law context.