Theories of Justice and Economic Goods in Jurisprudence

15 Pages Posted: 27 Jun 2017 Last revised: 26 Mar 2020

See all articles by Suman Acharya

Suman Acharya

Nepal Rastra Bank; Tribhuvan University - National Law College

Date Written: January 9, 2016

Abstract

As justice is high value of human conscience, it is ultimate end of any law and its instruments. Although justice is expected in the decision of rights and duties, it seems more economical justice based on distributive pattern of wealth in society. However, liberty cannot be discarded in the justice system. Aristotle envisaged more on distributive justice. However, John Rawls considered first on maximization of liberty and second on distributive justice based on positive discrimination. After the fulfillment of libertarian justice, distributive justice will be started. Libertarian justice is equal for all the people but adjustment can be possible to maintain balanced liberty to all without any discrimination. Dworkin is against any form of discriminated distributive justice system and has considered on equal respect and concern to all mankind with democratic system. Nozick supported personal entitlement with absolute rights without any interference from state. Nozick also believes on distributive justice as each and every person knows and fulfils their welfare level by their ability so state cannot curtail to the ability to acquire property by people. Bentham’s qualitative utilitarianism supported on greatest happiness of greatest number of people whereas J.S. Mill endorsed on qualitative utilitarianism based on no harm principal. Ultimately, the base of justice system goes to natural law school for liberty and wealth distributions. However, positive school seeks justice in punishment system, historical school in necessity of environment, sociological school in balancing of interest, Marxist school in economic equality and realist school in dispute settlement as directed by society. Feminist activist are against male dominated society and exclusion of women to property supporting egalitarian justice system and postmodern activist are for the access to local natural resources of local people based on pluralistic justice approach. However, activist of critical legal study movement is against any justice system because there is no difference between politics and justice system.

Keywords: Distributive Justice, Corrective Justice, Personal Entitlement, Right as Trump, Economic Goods

Suggested Citation

Acharya, Suman, Theories of Justice and Economic Goods in Jurisprudence (January 9, 2016). Available at SSRN: https://ssrn.com/abstract=2713254 or http://dx.doi.org/10.2139/ssrn.2713254

Suman Acharya (Contact Author)

Nepal Rastra Bank ( email )

Nepal

Tribhuvan University - National Law College ( email )

Kathmandu
Nepal

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