Abstract

http://ssrn.com/abstract=1739988
 


 



On the Connection between Law and Justice


Anthony D'Amato


Northwestern University - School of Law

January 13, 2011

University of California, Davis Law Review, Vol. 26, No. 527, 1992
Northwestern Public Law Research Paper No. 10-92

Abstract:     
What does it mean to assert that judges should decide cases according to justice and not according to the law? Is there something incoherent in the question itself? That question will serve as our springboard in examining what is - or should be - the connection between justice and law.

Legal and political theorists since the time of Plato have wrestled with the problem of whether justice is part of law or is simply a moral judgment about law. Nearly every writer on the subject has either concluded that justice is only a judgment about law or has offered no reason to support a conclusion that justice is somehow part of law. This essay attempts to reason toward such a conclusion, arguing that justice is an inherent component of the law and not separate or distinct from it. Given the history of the topic, I start with a disclaimer. The issues involved in these questions are as vast as they are fundamental. I do not pretend to have a definitive solution. I do attempt a suggestive solution based on an extended hypothetical case.

Number of Pages in PDF File: 47

Keywords: Law, Justice, Legal Theory, Jurisprudence, First Impression

JEL Classification: K10, K19, K40, K49

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Date posted: January 16, 2011  

Suggested Citation

D'Amato, Anthony, On the Connection between Law and Justice (January 13, 2011). University of California, Davis Law Review, Vol. 26, No. 527, 1992; Northwestern Public Law Research Paper No. 10-92. Available at SSRN: http://ssrn.com/abstract=1739988

Contact Information

Anthony D'Amato (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
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