David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jonathan Jenkins Ichikawa
Jack Alan Reynolds
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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.
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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.
Bege Dauda, Yvonne Denier & Kris Dierickx (forthcoming). What Do the Various Principles of Justice Mean Within the Concept of Benefit Sharing? Journal of Bioethical Inquiry:1-13.
Claudio Michelon (2014). Virtuous Circularity: Positive Law and Particular Justice. Ratio Juris 27 (2):271-287.
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