David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 3 (3):329 - 354 (1984)
The main aim of this paper is to challenge the validity of the distinction between legal justice and social justice. It is argued that what we usually call legal justice is either an application of the more fundamental notion of social justice to legal rules and decisions or is not a matter of justice at all. In other words, the only correct uses of the notion of legal justice are derivative from the notion of social justice and, hence, the alleged conflicts between criteria of social and legal justice result from the confusion about the proper relationship between these two concepts. Two views about the social justice/legal justice dichotomy are of particular importance and will provide the focus for the argument: this dichotomy is sometimes identified with a classical distinction between distributive and commutative justice and sometimes with the distinction between substantive and procedural justice.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Configure|
References found in this work BETA
No references found.
Citations of this work BETA
Emanuela Ceva (2012). Beyond Legitimacy. Can Proceduralism Say Anything Relevant About Justice? Critical Review of International Social and Political Philosophy 15 (2):183-200.
Similar books and articles
Chelsea Luthringer (2000). So What is Justice Anyway? Rosen Pub. Group.
Richard A. Posner (1981). The Economics of Justice. Harvard University Press.
David Johnston (2011). A Brief History of Justice. Wiley-Blackwell.
Martin Gustafsson (2004). On Rawls’s Distinction Between Perfect and Imperfect Procedural Justice. Philosophy of the Social Sciences 34 (2):300-305.
Kevin M. Graham (2000). After the Buses Stop Running. Social Philosophy Today 16:59-76.
Ross Cranston (2006). How Law Works: The Machinery and Impact of Civil Justice. Oxford University Press.
James P. Sterba (1988). How to Make People Just: A Practical Reconciliation of Alternative Conceptions of Justice. Rowman & Littlefield.
Added to index2009-01-28
Total downloads56 ( #23,347 of 1,088,371 )
Recent downloads (6 months)4 ( #24,149 of 1,088,371 )
How can I increase my downloads?