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Corrective and Distributive Justice as Normative Faundations of Croatian Tort Law

From the time of the ancient philosophy of law embodied in Aristotle's philosophy we encounter forms of corrective and distributive justice, which play an important role in the regulation of legal relations in society. During that period corrective justice had a normative role in preserving the balance of rights and obligations of individuals in a private nature, while distributive justice was interpreted as a normative basis for equitable distribution of rights and obligations of individuals in the community. On the basis of the underlying determinations, conclusion was performed on the correlation of each form of justice with the legal relationships of private and public law. However, private law is not entirely free from any claims of corrective or distributive justice, which is suggested by a number of philosophical and legal considerations such as those by Peter Cane. Based on the opinion that tort law, because of it’s specific legal nature, can not be liberated from normative demands of both forms of justice, we will try to point out the existence of interdependence of those forms of justice in the Croatian Law of Tort. In this regard the normative requirements of corrective justice will be interpreted as demands aimed at preserving the balance of rights and obligations of individuals, while the normative requirements of distributive justice claims will be interpreted as manifestation of judicial decisions based on the existence of legal liability for damage. In doing so, the normative requirements of distributive justice are embodied in judicial decisions that will serve as a blueprint for the establishment of the disturbed distribution of equality of rights and obligations of individuals through the normative demands of corrective justice. Given the established existence of the interdependence of the normative requirements of corrective and distributive justice, tort law can not be fully understood or interpreted separately from the individual forms of justice. Therefore, the tort law as institute of private law is regulated on mixed normative requirements, in specific, the requirements of corrective and distributive justice.

Corrective Justice; Distributive Justice; Private Law; Tort Law

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