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- Title
Virtuous Circularity: Positive Law and Particular Justice.
- Authors
Michelon, Claudio
- 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.
- Subjects
POSITIVE law; DISTRIBUTIVE justice; CORRECTIVE justice; LEGAL judgments; RESOURCE allocation; THEORY of knowledge
- Publication
Ratio Juris, 2014, Vol 27, Issue 2, p271
- ISSN
0952-1917
- Publication type
Article
- DOI
10.1111/raju.12041