Abstract

One of the assumptions of our legal system is that when a violation of law has occurred, we (society) should provide a remedy for individuals who were harmed. More specifically, we should provide them with corrective remedies—remedies that place them as nearly as possible in the position they would be in if no wrong had occurred. This principle is not universal. There are legal wrongs, usually statutory, for which only public officials can seek a judicial remedy. And where private remedies do apply, not all the effects of a legal wrong are covered. But in general, individuals who have suffered legal wrongs are entitled to remedies that relieve the effects of the wrong and return them to their “rightful position.”