Chapter

Natural Justice and Conventional Justice

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/9780199592685.003.0004
Natural Justice and Conventional Justice

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This chapter begins with a discussion of ‘nature’ and what is ‘natural’, and uses these terms to refer to that which is intrinsic to a practice or circumstance; using them in that way it distinguishes between the naturally just and the conventionally just. Three kinds of justice are identified — distributive justice, rectificatory or corrective or commutative justice, and reciprocal justice — and the first two are considered in this chapter. In distributive justice, a just allocation is achieved when shares in what is commonly owned are allocated according to some just criterion. In rectificatory justice a just allocation is achieved when something, rightly or wrongly in the possession of one who does not own it, is returned to its owner.

Keywords: nature; natural; natural justice; conventional justice; distributive justice; rectificatory justice; corrective justice; commutative justice

Chapter.  14452 words. 

Subjects: Jurisprudence and Philosophy of Law

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