Virtuous circularity: Positive law and particular justice

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Abstract / Description of output

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 languageEnglish
Pages (from-to)271-287
JournalRatio Juris: An international journal of Jurisprudence and Philosophy of Law
Issue number2
Early online date19 May 2014
Publication statusPublished - Jun 2014


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