The Sacrifice of Justice

Dissertation, Stanford University (1992)
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Abstract

The rule of law is a necessary condition for any substantive theory of justice. If a theory sacrifices the rule of law, justice, too, is sacrificed. The connection between the necessary condition and justice is explored in the work of John Rawls, H. L. A. Hart, Karl Marx, Emile Durkheim, Albert Camus and William Shakespeare. The conceptions of justice elaborated in each of these political thinker's works share very little more than the rule of law. Since the conceptions examined are so different and the necessary condition is contained in each, I conclude that there is substantial support for the thesis. ;In order to do justice to the texts examined in this dissertation the plain language, the words on the page, must be given priority but cannot be fully determinative of the text's meaning. The immanent structure of the text, the rules of the text which give it shape and form, must also be discerned. There are no particular rules for interpretation in general, yet each text contains within it its own individual rules. The rules of the text are what allow the meanings of the text to play themselves out for different readers. Understanding the history of the text is also important for interpretation. ;Some interpretations of the theories of justice examined here have sought to change the substance of that theory through interpretation. For example, Marx's theory depends upon the law of equal commodity exchange. As shown in chapter three, if an alien supposition of distributive justice is interpreted into Marx's theory so that the surplus value which Marx claims belongs to the capitalist is redistributed, then the proposed transition to communism, which Marx analyzed and supported, will not occur. Doing justice to Marx's texts allows Marx's theory of justice to come through and be judged on its own terms. Only after that has been accomplished can it be evaluated and compared with other theories. The same association between interpretative method and substantive meaning is demonstrated for each theory. The conclusion compares interpretation in law and drama and connects doing justice to texts with justice.

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