Beyond Justice and the Rule of Law?

Randy E. Barnett

in The Structure of Liberty

Published in print February 2000 | ISBN: 9780198297291
Published online November 2003 | e-ISBN: 9780191598777 | DOI:
Beyond Justice and the Rule of Law?

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This chapter anticipates and responds to various objections to the thesis of the book, including those founded on communitarianism and on considerations of retributive and distributive justice. It considers such issues as neutrality, and the difference between the right or just and the good. It concludes by considering the practicality of using ‘public policy’ analysis in place of the rights identified here and of adding additional rights to those defended as needed, to handle the problems of knowledge, interest, and power.

Keywords: communitarianism; distributive justice; goodness; justice; neutrality; public policy; retributive justice; rights

Chapter.  14068 words. 

Subjects: Political Theory

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