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.
Original language | English |
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Pages (from-to) | 271-287 |
Journal | Ratio Juris: An international journal of Jurisprudence and Philosophy of Law |
Volume | 27 |
Issue number | 2 |
Early online date | 19 May 2014 |
DOIs | |
Publication status | Published - Jun 2014 |
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Dive into the research topics of 'Virtuous circularity: Positive law and particular justice'. Together they form a unique fingerprint.Profiles
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Claudio Michelon
- School of Law - Personal Chair of Philosophy of Law
- Edinburgh Centre for Legal Theory
- Edinburgh Centre for Private Law
Person: Academic: Research Active