Virtuous Circularity: Positive Law and Particular Justice

Ratio Juris 27 (2):271-287 (2014)
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Abstract

This paper argues that the positive allocative decisions paradigmatically carried out by the application of legal rules are a necessary condition for arguments about particular justice (i.e., distributive and commutative justice) to make sense. If one shifts the focus from the distinction between distributive and commutative justice to what the two aspects of particular justice are for, namely, providing criteria to judge the allocation of goods, it becomes clear that the distinction is conceptually unstable. The paper argues that stabilizing the distinction is worthwhile and that this can only be accomplished by the introduction of positive allocation schemes

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Claudio Michelon
University of Edinburgh

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References found in this work

Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
Whose Justice? Which Rationality?Alasdair C. MacIntyre - 1988 - University of Notre Dame Press.
The Complete Works: The Rev. Oxford Translation.Jonathan Barnes (ed.) - 1984 - Princeton, N.J.: Princeton University Press.
Aristotle's first principles.Terence Irwin - 1988 - New York: Oxford University Press.
Philosophy of Right.Georg Wilhelm Friedrich Hegel - 1896 - Amherst, N.Y.: Oup Usa. Edited by S. W. Dyde.

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