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Laws, Volume 14, Issue 5
2025 October - 19 articles
Cover Story: Traditionally focusing on financial compensation, tort law systems worldwide struggle with the adverse effects of claim resolution processes of personal injury victims. It has been argued that tort law systems should be mindful of the non-financial needs of victims. Drawing from Dutch empirical research on personal experiences of wrongdoers and building on theories of procedural and restorative justice, we argue that attention should also be paid to the perspective of wrongdoers, whose recovery needs are very similar. Tort law systems that lack opportunity for them to personally make amends are deficient both in terms of morality and justice, as they deprive both victims and wrongdoers of a chance at emotional and moral recovery from injurious events. We believe this represents a shared future heading towards restorative tort law. View this paper
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