Chapter

Justice, Ownership, and Law

Garrett Barden and Tim Murphy

in Law and Justice in Community

Published in print August 2010 | ISBN: 9780199592685
Published online January 2011 | e-ISBN: 9780191595653 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199592685.003.0003
Justice, Ownership, and Law

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This chapter elaborates on the Roman law definition of justice given in Justinian's Corpus Iuris Civilis — the giving to each what is due. The question of justice is always of the form: What belongs to whom? The chapter examines various aspects of justice and suggests that the question of what is just arises only in the context of ownership and entitlement. The issue of how one can discover what is just is addressed, as is the relationship between the living law and justice, and in particular how the living law tends to cultivate the conditions in which the golden rule is observed, that is, a moral context in which to consider others' interests and entitlements and not merely one's own is approved and valued.

Keywords: justice; ownership; entitlement; living law; golden rule

Chapter.  16010 words. 

Subjects: Jurisprudence and Philosophy of Law

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