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Journal articles on the topic 'Principe de justice distributive'

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Published: 4 June 2021

Last updated: 9 February 2022

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1

Aguiar González, Fernando. "Justicia distributiva : Distributive Justice." EUNOMÍA. Revista en Cultura de la Legalidad, no. 17 (September 27, 2019): 207. http://dx.doi.org/10.20318/eunomia.2019.5025.

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Resumen: En este artículo se realiza un breve recorrido por las teorías de la justicia distributiva más influyentes, partiendo de John Rawls y terminando con los principios propuestos por Martha Nussbaum para el desarrollo de una justicia global. En ese recorrido veremos cómo responden esas teorías a tres preguntas: qué se distribuye, cómo se distribuye y entre quiénes se distribuye. Esto nos permitirá comparar sus fundamentos y sus principios de distribución justa, así como comprender mejor sus límites. Palabras clave: bienes primarios, capacidades, comunidad, igualdad, justicia global, princ

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Brodeur, Jean-Paul. "Justice distributive et justice rétributive." Articles 24, no. 1 (2007): 71–89. http://dx.doi.org/10.7202/027425ar.

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RÉSUMÉ Cet article examine les positions de John Rawls par rapport à la justice retributive (pénale). Nous soutenons d'abord que la perspective de Rawls est éclectique par rapport aux deux polarités exemplaires de la justice pénale soit, en première part, celle du rétributivisme et de l'utilitarisme, et, en seconde part, celle du déontologisme et du conséquentialisme. L'examen des textes révèle que la pensée de Rawls conjugue des éléments qui la qualifient à la fois comme rétributiviste et déontologiste et d'autres qui la rapprochent de l'utilitarisme et du conséquentialisme. Les positions de

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Baumrucker, Steven J., Matt Stolick, Paige Mingle, Karrie A. Oertli, Gerald M. Morris, and Gregg VandeKieft. "The Principle of Distributive Justice." American Journal of Hospice and Palliative Medicine® 29, no. 2 (2012): 151–56. http://dx.doi.org/10.1177/1049909111433307.

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O'Brian, W. E. "Distributive Justice and the Sovereignty Principle." Oxford Journal of Legal Studies 31, no. 1 (2010): 1–21. http://dx.doi.org/10.1093/ojls/gqq032.

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GUIBET LAFAYE, CAROLINE. "Quelle théorie de la justice pour l’épigénétique?" Dialogue 54, no. 3 (2015): 489–517. http://dx.doi.org/10.1017/s0012217315000657.

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L’épigénétique dévoile les mécanismes biologiques sous-jacents à la reproduction, voire à la transmission des inégalités sociales de santé, et souligne la complexité des facteurs intervenant dans le développement de certaines pathologies. Cette complexité semble poser des difficultés inédites aux théories de la justice. Nous dessinons les contours d’une «justice épigénétique» en appréhendant d’abord les questions que l’épigénétique pose aux théories de la justice distributive. Le modèle de l’égalité des chances est-il le plus approprié pour saisir ces questions? Nous montrons que l’épigénétiqu

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Greenacre, Matthew, and Katherine Fleshner. "Distributive justice in disaster triage." University of Western Ontario Medical Journal 86, no. 1 (2017): 35–37. http://dx.doi.org/10.5206/uwomj.v86i1.2162.

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Disasters that produce an overwhelming number of casualties demand that healthcare resources be rationed. Given the gravity of these decisions, it is imperative that they be guided by acceptable principles of distributive justice. Utilitarianism governs current disaster triage protocols because the efficient use of resources prevents the greatest amount of disability and mortality in the population. However, this conflicts with maximin egalitarianism, which demands that the most severely injured patients be prioritized even if it is not an efficient use of resources. Utilitarian triage also co

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Brigati, Roberto. "Desert as a principle of distributive justice." Philosophy & Social Criticism 40, no. 7 (2014): 705–22. http://dx.doi.org/10.1177/0191453714536434.

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Frohlich, Norman, Joe A. Oppenheimer, and Cheryl L. Eavey. "Laboratory Results on Rawls's Distributive Justice." British Journal of Political Science 17, no. 1 (1987): 1–21. http://dx.doi.org/10.1017/s0007123400004580.

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The behavioural underpinnings of Rawls's notion of distributive justice as outlined in A Theory of Justice are tested in experimental contexts. Under conditions approximating Rawls's ‘original position’ (including the appropriate agenda, a ‘veil of ignorance’ and a choice rule designed to capture his main theoretical constraints), we test his ‘predictions’ that individuals would reach a unanimous consensus on a principle of distributive justice and would select the difference principle: a principle that maximizes the welfare of the worst-off individual in the society. This view is contrasted w

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Robinson, Paul H. "A Truce in Criminal Law’s Distributive Principle Wars?" New Criminal Law Review 23, no. 4 (2020): 565–83. http://dx.doi.org/10.1525/nclr.2020.23.4.565.

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Crime-control utilitarians and retributivist philosophers have long been at war over the appropriate distributive principle for criminal liability and punishment, with little apparent possibility of reconciliation between the two. In the utilitarians’ view, the imposition of punishment can be justified only by the practical benefit that it provides: avoiding future crime. In the retributivists’ view, doing justice for past wrongs is a value in itself that requires no further justification. The competing approaches simply use different currencies: fighting future crime versus doing justice for

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Karelis, Charles. "Distributive Justice and the Public Good." Economics and Philosophy 2, no. 1 (1986): 101–25. http://dx.doi.org/10.1017/s026626710000081x.

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Many philosophers and some economists value economic equality on the ground that transfers from the relatively rich to the relatively poor increase the utility of the poor more than they reduce the utility of the rich. These philosophers and economists are assuming the ethical principle that a pattern of economic distribution is justified by maximizing aggregate utility. They are also assuming the truth of an empirical generalization proposed in the eighteenth century by Daniel Bernoulli–that successive equal increments of income produce ever-diminishing increments in an individual's level of

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Strike, Kenneth. "Charter schools, choice, and distributive justice: What evidence do we need?" Theory and Research in Education 8, no. 1 (2010): 63–78. http://dx.doi.org/10.1177/1477878509356343.

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This article looks at charter schools from the perspective of distributive justice. It suggests three principles of distributive justice that should be satisfied by schools: the adequacy principle, the equity principle, and the communicative principle. It also sketches the justice argument for charter schools and uses the three principles to examine it. The focus of the article concerns the kinds of evidence required to decide if charter schools promote distributive justice. It argues that a focus on distributive justice helps to formulate a suitably broad view of what evidence is required tha

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Hamric, Ann B. "Case Commentary." Cambridge Quarterly of Healthcare Ethics 9, no. 1 (2000): 131–33. http://dx.doi.org/10.1017/s0963180100241133.

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Ethics raises questions about what kind of society we ought to be, questions that are at the heart of this case. Increasingly, inequalities in healthcare fueled by lack of access, inadequate insurance coverage, and rising costs are creating dilemmas in the proper distribution of healthcare resources. Questions of distributing scarce and valuable resources are fundamentally questions of justice. The classic definition of justice is the duty to give to each person what they deserve and can legitimately claim so that justice is understood as a moral obligation to help persons exercise their right

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Blythe, Mark. "The Means to Social Justice: Accounting for Functional Capabilities in the Rawlsian Approach." Canadian Journal of Political Science 41, no. 4 (2008): 1003–21. http://dx.doi.org/10.1017/s0008423908081146.

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Abstract. In developing his theory “Justice as Fairness,” John Rawls imagined a hypothetical initial situation designed to yield principles of justice to regulate society's main institutions, or what he called the “basic structure.” The positing of citizens as fully capable in this hypothetical “original position” allowed Rawls to consider advantage in terms of the primary social goods (all-purpose means) a citizen held. Rawls reasoned that the representatives of free and equal citizens would design principles of justice that yield equal liberties and “a fair equality of opportunity,” while en

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Yulianingsih, Indra. "DIMENSI KEADILAN PENGELOLAAN PERIKANAN TANGKAP DALAM PERSPEKTIF OTONOMI DAERAH." Yuridika 32, no. 1 (2017): 57. http://dx.doi.org/10.20473/ydk.v32i1.4823.

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The enactment of Act No. 23 Year 2014 on Regional Government revised the Article 18 paragraph (1) of Act No. 32 of 2004 and caused the authority of local governments in the exploration and exploitation of resources in the sea area not applicable anymore. The impact of this change is the difficulty of local authorities to ensure the welfare and/or the prosperity of communities in the coastal areas that lead to injustice in the realization of people's constitutional rights. Legal issues discussed in this paper are the principle of distributive justice on the management of fishery resources in th

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Heath, Joseph. "Rawls on Global Distributive Justice: A Defence." Canadian Journal of Philosophy Supplementary Volume 31 (2005): 193–226. http://dx.doi.org/10.1080/00455091.2005.10716854.

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Critical response to John Rawls's The Law of Peopleshas been surprisingly harsh) Most of the complaints centre on Rawls's claim that there are no obligations of distributive justice among nations. Many of Rawls's critics evidently had been hoping for a global application of the difference principle, so that wealthier nations would be bound to assign lexical priority to the development of the poorest nations, or perhaps the primary goods endowment of the poorest citizens of any nation. Their subsequent disappointment reveals that, while the reception of Rawls's political philosophy has been ver

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Knoll, Manuel. "La giustizia distributiva tra Platone e Aristotele = Distributive Justice in Plato and Aristotle." ΠΗΓΗ/FONS 3, no. 1 (2019): 21. http://dx.doi.org/10.20318/fons.2019.4550.

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Riassunto: Secondo l’opinione prevalente tra gli studiosi di lingua tedesca, bisogna considerare Aristotele come colui che ha “scoperto” la giustizia particolare. Questo articolo dimostra che quest’opinione è errata, innanzitutto perché Platone aveva già precedentemente sviluppato, nella Repubblica e nelle Leggi, la dottrina della giustizia distributiva e il suo principio di uguaglianza geometrica o proporzionale. In un primo momento, l’articolo interpreta la dottrina della giustizia distributiva esposta da Aristotele nell’Etica Nicomachea e nella Politica. In un secondo momento, si mostra che

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Pérez Garzón, Carlos Andrés. "Unveiling the Meaning of Social Justice in Colombia." Mexican Law Review 1, no. 20 (2017): 27. http://dx.doi.org/10.22201/iij.24485306e.2018.20.11892.

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Through the presentation of the history of social justice in global constitutional discourse, this article aims to demonstrate that, although in Colombia there is not a constitutionalized purpose or principle of social justice, as in other countries, the modern notion of distributive justice, also called social justice today, is implicit in the Constitution of 1991 because it enshrined as mandatory rules the three main elements of its meaning at the time of its promulgation: the principle of social rule of law, the principle of human dignity and the right to a material equality. Thus, in Colom

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Wibisana, Andri Gunawan. "KEADILAN DALAM SATU (INTRA) GENERASI:SEBUAH PENGANTAR BERDASARKAN TAKSONOMI KEADILAN LINGKUNGAN." Mimbar Hukum 29, no. 2 (2017): 292. http://dx.doi.org/10.22146/jmh.19143.

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AbstractThis paper attempts to discuss intragenerational equity based on the taxonomy of environmental justice, i.e. distributive justice, corrective justice, procedural justice, and social justice. Based on distributive justice perspective, the paper places the polluter pays principle (PPP) and common but differentiated responsibility (CBDR) as two important legal principles in implementing intragenerational equity. Based on corrective justice perpective, the paper considers that the PPP plays an important role in implementing intragenerational equity. The paper explains the implementation of

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MOEHLER, MICHAEL. "The (Stabilized) Nash Bargaining Solution as a Principle of Distributive Justice." Utilitas 22, no. 4 (2010): 447–73. http://dx.doi.org/10.1017/s0953820810000348.

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It is argued that the Nash bargaining solution cannot serve as a principle of distributive justice because (i) it cannot secure stable cooperation in repeated interactions and (ii) it cannot capture our moral intuitions concerning distributive questions. In this article, I propose a solution to the first problem by amending the Nash bargaining solution so that it can maintain stable cooperation among rational bargainers. I call the resulting principle the stabilized Nash bargaining solution. The principle defends justice in the form ‘each according to her basic needs and above this level accor

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Volacu, Alexandru, and Iris-Patricia Golopenta. "A Boundedly Rational Analysis of Global Distributive Justice." Politikon: The IAPSS Journal of Political Science 20 (June 29, 2013): 99–123. http://dx.doi.org/10.22151/politikon.20.9.

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In the present paper we analyze two prominent global distributive justice theories, i.e. Pogge’s Global Resource Dividend theory (1994) and Dorsey’s maxificing welfarism (2005) under an assumption of bounded rationality. We consider that the agencies responsible for distributing resources are informationally constrained in regard to the assessment of economic positions in society and cognitively constrained in regard to the decision making process within the agency. We argue that under these conditions the distributive patterns prescribed by both theories can be severely distorted. Further, in

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Piguet, Frédéric-Paul. "Climate Change Mitigation Justice and the No-Harm Principle." Humanistyka i Przyrodoznawstwo, no. 24 (December 20, 2018): 49–85. http://dx.doi.org/10.31648/hip.2597.

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When translated into concrete policy, any allocation of emissions leads to the attribution of emissions rights based on distributive justice (even if the policy was previously examined in terms of utilitarianism at the philosophical level). Consequently, the distributive justice approach legitimizes the corresponding amount of emissions. If a certain level of emissions can receive emissions rights, provided they are compatible with a certain emissions budget, to allocate emissions rights when the dangerous concentration level has been overshot could understate the need to preserve the function

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Emil, Dinga, Tănăsescu Cristina, and Ionescu Gabriela-Mariana. "A Proposal for an Automatic Stabilizer in Social Justice." Studies in Business and Economics 14, no. 3 (2019): 72–83. http://dx.doi.org/10.2478/sbe-2019-0044.

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AbstractGenerally, social justice has two sides which are intercorrelated and inter-dependend: a) constitutive social justice (for example, the so called commutative social justice); b) regulative social justice (for example, the so called distributive social justice). The paper approaches the regulative social justice, more exactly, an automatic mechanism to get it. To this end, an automatic stabilizer to provide distributive social justice, according to the Rawlsian principle of difference. Such an automatic stabilizer is grounded on the wealth, more precise, on the share of the wealth which

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Kniess, Johannes. "Justice in the Social Distribution of Health." Social Theory and Practice 45, no. 3 (2019): 397–425. http://dx.doi.org/10.5840/soctheorpract201992665.

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How should we think, from the point of view of distributive justice, about inequalities in health and longevity? Norman Daniels’s influential account derives a social duty to reduce health inequalities from Rawls’s principle of fair equality of opportunity. This paper criticises Daniels’s approach and offers an alternative. To the extent that the basic structure of society shapes people’s opportunities to be healthy, we ought to think of ‘the social bases of health’ directly as a Rawlsian primary social good. The paper attempts to clarify the correct principle for its distribution, and its rel

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Rödl, Florian. "Justice in Contract, no Justice in the Background." European Review of Contract Law 17, no. 2 (2021): 157–69. http://dx.doi.org/10.1515/ercl-2021-2024.

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Abstract In the first part of his book, Peter Benson elaborates for the common law that fairness in exchange is not only a fundamental principle of contract law, but that it is, moreover, conceptually rooted in the idea of private autonomy. For the common law presumes that a party to a contract intends, in principle, to exchange performance at its value and on fair terms. The following comment shows that this presumption also animates German contract law, including the rules on the review of standard terms. In the second part, Benson develops the image of a harmonious complementarity of privat

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Frohlich, Norman, and Joe A. Oppenheimer. "Choosing Justice in Experimental Democracies with Production." American Political Science Review 84, no. 2 (1990): 461–77. http://dx.doi.org/10.2307/1963529.

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We examine in a laboratory setting how direct participation in choosing a principle of distributive justice and a tax system impinges on subjects' attitudes and subsequent productivity when they participate in a task, produce income, and then experience losses or gains according to the tax system. Experience with a redistributive principle and its associated taxation system in a production environment does not detract from overall acceptance of the distributive principle, particularly for subjects who participate in choosing the principle. Participation in discussion, choice, and production in

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Hums, Mary A., and Packianathan Chelladurai. "Distributive Justice in Intercollegiate Athletics: Development of an Instrument." Journal of Sport Management 8, no. 3 (1994): 190–99. http://dx.doi.org/10.1123/jsm.8.3.190.

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This study examined the development of an instrument to assess the views held by NCAA male and female coaches and administrators concerning the principles of distributive justice used in the allocation of resources in athletic departments. The steps in the development of the instrument, including the use of a panel of experts, a pilot study, and a confirmatory study, are presented. Scenarios were developed describing situations involving either distribution or retribution of three different resources within athletic departments; money, facilities, or support services. The eight allocation prin

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Wall, Steven. "RESCUING JUSTICE FROM EQUALITY." Social Philosophy and Policy 29, no. 1 (2011): 180–212. http://dx.doi.org/10.1017/s0265052511000136.

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AbstractIn the wake of G. A. Cohen's masterful critique of Rawls's work, this paper discusses Rawlsian justice in general and the difference principle in particular. It argues that Rawlsian arguments for the difference principle present a puzzle and that to respond adequately to the puzzle we must engage in rational reconstruction. After explaining the puzzle and considering and rejecting a number of responses to it, the paper begins its reconstructive project. It presents the case for viewing the difference principle as a maximizing prioritarian principle of justice, one that that contains no

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Lissowski, Grzegorz. "Porównanie zasad sprawiedliwości dystrybutywnej." Etyka 22 (December 1, 1986): 153–81. http://dx.doi.org/10.14394/etyka.324.

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The purpose of the article is to draw comparisons between the major normative rules of distributive justice. This comparison is based on a kind of distribution of goods which is sometimes called the problem of pure distribution, i.e. the distribution of a homogeneous, infinitely distributable good in a situation when claims of different persons on the distributed good were in no way differentiated. This problem is defined against the background of typology of problems of goods distribution. Normative rules of distributive Justice are defined formally as social welfare functionals. Eight rules

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Dziedziak, Wojciech. "Szkic o sprawiedliwości naturalnej i rozdzielczej." Studia Iuridica Lublinensia 29, no. 4 (2020): 71. http://dx.doi.org/10.17951/sil.2020.29.4.71-83.

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<p>The article addresses the issues of natural justice and distributive justice. The traditional formula “to render to everyone his or her own” (<em>suum cuique tribuere</em>) was taken as the point of departure. The discussion leads to the conclusion that natural justice concerns every person, and that everyone is entitled to inherent, innate rights, fundamental human rights. The exercise of natural justice ensures basic participation in the goods of the community, namely the state. This is so because this justice requires that every person be provided with an existence appr

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ZHANG, Xue, Wen LIU, Lin ZHU, and Yu ZHANG. "Distributive Justice of Young Children Based on the Principle of Equity." Advances in Psychological Science 22, no. 11 (2014): 1740. http://dx.doi.org/10.3724/sp.j.1042.2014.01740.

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Chauvier, Stéphane. "Les principes de la justice distributive sont-ils applicables aux nations ?" Revue de métaphysique et de morale 33, no. 1 (2002): 123. http://dx.doi.org/10.3917/rmm.021.0123.

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Gatskova, Kseniia. "Distributive justice attitudes in Ukraine: Need, desert or social minimum?" Communist and Post-Communist Studies 46, no. 2 (2013): 227–41. http://dx.doi.org/10.1016/j.postcomstud.2013.03.007.

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This paper presents research findings based on a factorial survey study of attitudes toward the justice of income distribution in Ukraine. The factorial survey design was used for the first time in a representative large-scale survey in Ukraine and provided an opportunity to investigate the effect of multiple factors concerning individual, family and enterprise characteristics in complex subjective evaluations of just earnings. The focus within this study lays on three fundamental principles, according to which the just income is assessed: equality, desert and need principles. Empirical result

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Dietsch, Peter. "L'interprétation du principe de la propriété de soi au sein du libertarisme de gauche." Dialogue 47, no. 1 (2008): 65–80. http://dx.doi.org/10.1017/s0012217300002389.

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ABSTRACTAny substantive notion of self-ownership presupposes well-defined property rights over external resources. Left-libertarians usually limit this category to natural resources. I argue that in a specialized economy, substantive selfownership equally needs to be complemented by a definition of property rights to the cooperative surplus. The natural way for left-libertarianism to provide such a definition is to view the cooperative surplus as an external resource and to distribute it equally. The second part of the article makes the general point that a complete theory of justice needs to

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Faillo, Marco, Laura Marcon, and Pedro Francés-Gómez. "Distributive Justice in the Lab: Testing the Binding Role of Agreement." Analyse & Kritik 42, no. 1 (2020): 107–36. http://dx.doi.org/10.1515/auk-2020-0005.

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AbstractLorenzo Sacconi and his coauthors have put forward the hypothesis that impartial agreements on distributive rules may generate a conditional preference for conformity. The observable effect of this preference would be compliance with fair distributive rules chosen behind a veil of ignorance, even in the absence of external coercion. This paper uses a Dictator Game with production and taking option to compare two ways in which the device of the veil of ignorance may be thought to generate a motivation for, and compliance with a fair distributive rule: individually-as a thought experimen

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Stamenkovic, Srecko, Biljana Ratkovic Njegovan, and Maja S. Vukadinovic. "Intra-national diversity." Cross Cultural & Strategic Management 25, no. 3 (2018): 425–42. http://dx.doi.org/10.1108/ccsm-05-2017-0061.

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PurposeThe purpose of this paper is to investigate the impact of organizational justice on the ethical climate in organizations in Serbia.Design/methodology/approachIn the study, 3,413 employees participated whose task was to assess the dimensions of organizational justice (procedural, distributive and interactional) as well as the dimensions of ethical climate (egoism, benevolence and principle).FindingsThe obtained results show that the dimensions of organizational justice are significant predictors of dimensions of ethical climate. The dimension of distributive justice significantly predict

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Diquattro, Arthur. "Liberal Theory and the Idea of Communist Justice." American Political Science Review 92, no. 1 (1998): 83–96. http://dx.doi.org/10.2307/2585930.

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My aim is to bring Marx's general theory of exploitation into line with contemporary theories of distributive justice advanced by liberal egalitarians, theories that stress the ideal of equal concern and respect for persons qua persons and require implementation of the ideal consistent with what historical circumstances permit. I begin by dismissing the labor theory of value as relevant to Marx's general theory, emphasizing instead a “property rights matching power” account. I conclude with some speculative comments about Kantian influences in Marx's sense of justice. Throughout, I assume that

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Saunders, Melanie K. "Mining on Celestial Bodies: The Equitable Distribution of Benefits Doctrine and Distributive Justice." Australian Year Book of International Law 36, no. 1 (2019): 195–238. http://dx.doi.org/10.1163/26660229_03601010.

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Abstract The United States and Luxembourg have recently legislated to permit the acquisition of private property rights over celestial resources mined by private actors. Considering these developments, this note will consider an element of the Common Heritage of Mankind under international space law: the equitable sharing of benefits doctrine. It proposes a formulation of the doctrine that entails material and equitable distribution of economic benefits derived from space mining among all States, ensuring that space is utilised in a manner delivering a tangible collective benefit. It suggests

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Kaplow, Louis, and Steven Shavell. "Fairness versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice." Journal of Legal Studies 32, no. 1 (2003): 331–62. http://dx.doi.org/10.1086/345679.

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Wei, Xiaoping. "From Principle to Context: Marx versus Nozick and Rawls on Distributive Justice." Rethinking Marxism 20, no. 3 (2008): 472–86. http://dx.doi.org/10.1080/08935690802137720.

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Pasaribu, Wadyo Pandapotan. "Kebijakan Kredit Usaha Rakyat (KUR) dalam Pandangan "Theory of Justice" John Rawls." Societas Dei: Jurnal Agama dan Masyarakat 5, no. 1 (2018): 97. http://dx.doi.org/10.33550/sd.v5i1.80.

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ABSTRACT: This article with a title "ThePolicy of People Business Credit (PBC ID: KUR) in the view of John Rawls Theory of Justice" will firstly explain the economic condition of our country (the Republic of Indonesia) from the analysis of experts in economy and governments view to the current economic situation. Next, the discussion is about the formula of the policy of people business credit as an economic policy of Indonesian government in her effort to reduce the number of economic gap or income gap with a business fund allocation to SMEthrough PBC program. Then, this article explains John

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Nathanson, Stephen. "Are Special Education Programs Unjust to Nondisabled Children?: Justice, Equality, and the Distribution of Education." Journal of Education 180, no. 2 (1998): 17–40. http://dx.doi.org/10.1177/002205749818000203.

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This article deals in depth with perhaps the most troubling education issue of the day—funding and proper distribution of educational resources. How is the money raised and how is its allocation decided? Can the ideals of both justice and equality be served? Is “extra” spending on behalf of children with special needs justified? Stephen Nathanson raises the central questions and, approaching them from a moral-philosophical standpoint, presents and evaluates the arguments of those who defend extra spending for children with disabilities and those who believe that “unequal” spending violates the

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Eenmaa-Dimitrieva, Helen. "The Problem of Dependency of Corrective Justice: Corrective Entitlements and Private Transactions." Canadian Journal of Law & Jurisprudence 32, no. 1 (2019): 59–82. http://dx.doi.org/10.1017/cjlj.2019.3.

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Several legal philosophers have argued that the principle of corrective justice provides the best explanation of various areas of the law—especially the law of torts. On the other hand, some philosophers of law and many economists of law have argued that the principle of corrective justice is not an independent principle of justice. I call this the problem of dependency. If the critics are right, the principle of corrective justice cannot be an explanation of a large area of our law as it claims to be.I argue that the increasingly complex forms of the problem of dependency that the critics hav

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Steinberger, Peter J. "A Fallacy in Rawls's Theory of Justice." Review of Politics 51, no. 1 (1989): 55–69. http://dx.doi.org/10.1017/s0034670500015850.

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An important feature of Rawls's theory of justice is the putative separation of justice and desert. It is shown that Rawls in fact presupposes a quite strong theory of desert which provides the key justification for the original position. It is further argued that the theory of desert has implications for distributive shares which contradict those of Rawlsian justice in general and the difference principle in particular. Finally, it is claimed that this contradiction seems to resist any kind of easy resolution since the theory of justice rests upon, hence requires, the theory of desert.

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Hums, Mary A., and Packianathan Chelladurai. "Distributive Justice in Intercollegiate Athletics: The Views of NCAA Coaches and Administrators." Journal of Sport Management 8, no. 3 (1994): 200–217. http://dx.doi.org/10.1123/jsm.8.3.200.

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This study examined the principles of distributive justice held by male and female coaches and athletic administrators from all three NCAA divisions in allocating resources within athletic departments. A total of 328 subjects from Divisions I, II, and III responded to the instrument, which contained 12 scenarios describing situations of either distribution or retribution of three different resources-—money, facilities, or support services. The eight allocation principles listed under each scenario were (a) equality of treatment, (b) equality of results, and (c) equality of opportunity; contrib

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Dietrich, Manuel, and Thomas H. Weisswange. "Distributive justice as an ethical principle for autonomous vehicle behavior beyond hazard scenarios." Ethics and Information Technology 21, no. 3 (2019): 227–39. http://dx.doi.org/10.1007/s10676-019-09504-3.

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Dekker, Teun J. "Out-Kanting Rawls: An Argument for Responsibility-Sensitive Theories of Justice from an Autonomy-Based Account of Normativity." Dialogue 48, no. 2 (2009): 353–72. http://dx.doi.org/10.1017/s0012217309090295.

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ABSTRACT: When considering normative concepts, such as distributive justice, one must consider both the question how concepts can have normative force and which particular conceptions of these concepts have this normative force. In this article I consider the view that the human capacity for autonomy accounts for normativity, and argue that adopting this view commits one to a responsibility-sensitive theory of distributive justice. This conclusion puts me directly at odds with the work of John Rawls, who derives his responsibility-insensitive difference principle from a similar account of auto

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Macleod, Colin M. "The Market, Preferences, and Equality." Canadian Journal of Law & Jurisprudence 7, no. 1 (1994): 97–110. http://dx.doi.org/10.1017/s0841820900002587.

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The perfectly competitive market of economic theory often enters political philosophy because it can be represented as illuminating important values. Theorists who are enthusiastic about the heuristic potential of the market claim that we can learn much about individual liberty, the promotion of mutual advantage and efficiency in the distribution of goods by studying it. However, a principal limitation of the market for many theorists is its supposed insensitivity to the demands of egalitarian justice. According to the standard charge, markets—even idealised ones—are hostile to the achievement

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Haaga, Paul T. "DISTRIBUTING COVID-19 RELIEF FUNDS IN NIGERIA: PERSPECTIVES FROM JOHN RAWLS’ DISTRIBUTIVE THEORY OF JUSTICE." PREDESTINATION: Journal of Society and Culture 1, no. 2 (2021): 119. http://dx.doi.org/10.26858/prd.v1i2.18555.

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This paper argues that every responsible government has an obligation, to the best of its ability, to ensure an adequate provision of economic welfare and healthcare for its citizens. In view of this global pandemic, the Nigerian government, like many other nations, has urgently developed a plan to provide health and economic assistance to the tens of millions of people who are vulnerable. However, the provision of these palliatives by the government designed to assuage the effect of the COVID-19 pandemic on the poor and vulnerable Nigerians is not fairly undertaken. Adopting an expository and

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Sun, Ivan Y., Yuning Wu, Rong Hu, and Ashley K. Farmer. "Procedural Justice, Legitimacy, and Public Cooperation with Police." Journal of Research in Crime and Delinquency 54, no. 4 (2017): 454–78. http://dx.doi.org/10.1177/0022427816638705.

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Objectives: The principal objective of the current study is to test the applicability of Tom Tyler’s process-based model of policing in China. A secondary objective of this research is to examine the internal consistency and discriminant validity of key composite constructs in Tyler’s model. Methods: Using survey data collected from approximately 1,000 residents in a Chinese city, ordinary least squares regression was employed to assess the direct and indirect (through legitimacy) effects of procedural justice, specific distributive justice, and police effectiveness on willingness to cooperate

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Ladwig, Bernd. "Gerechtigkeit und Gleichheit." PROKLA. Zeitschrift für kritische Sozialwissenschaft 30, no. 121 (2000): 585–610. http://dx.doi.org/10.32387/prokla.v30i121.761.

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The author defends an egalitarian conception of justice against recent anti-egalitarian criticisms in politics and philosophy. On a conceptual level he argues that modern morality is based on a principle of equal respect and concern. As a consequence, all that a conception of distributive justice has to elaborate is an adequate interpretation of equality. In short, equality is the epitome of justice. The article gives an outline of a conception that respects and accentuates the responsibility of persons for leading their own lives and that nevertheless justifies strong demands for redistributi

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