Philosophy 22 Take–Home Questions 2 1. Come up with your own example of a person give them a name who is suing someone for an alleged tort. Whom and why are they suing (in 3 sentences or less)? 2. Why might this case meet the elements of tort (please be specific about the particular facts of the case what ABOUT them satisfies the elements)? 3. What do they seek in the lawsuit what exactly do they aim for a jury/judge to give them? 4. (a) Suppose they failed to get what theyre suing for (see question 3). What might they get, instead, that would STILL count as corrective justice, according to Aristotle, and why? (assuming you can make up any outcome; dont worry about whether the law actually provides it.) (b) What could they get that Aristotle would think fails to count as corrective justice? Why? 5. If they get exactly what theyre seeking, what might Waldron find objectionable about this outcome and why? Make a convincing argument on his behalf that its a bad outcome, saying what in particular about this outcome is objectionable. 6. If the plaintiff (from question 1,2, etc.) gets exactly what theyre suing for, what about this result could Radzik find objectionable and why? Make a convincing argument on her behalf. 7. Make a very convincing argument why one of those thinkers (Waldron or Radizk) is wrong and that, in this case, the best outcome WOULD be exactly what the plaintiff is seeking, even if that is all that takes place. 8. Answer A or B (a) Next, come up with an outcome in the case something the judge/court demands or imposes (you can make it up, it doesnt have to be what courts really do) that WOULD satisfy Waldron in this particular case, given his critiques. Why? (b) Come up with a change in the case, new facts not already mentioned, that would make Radzik think that the victim really SHOULD receive exactly what theyre seeking in the lawsuit. Why?
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