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The Role of Formal Justice in Ethical Reasoning

The Role of Formal Justice in Ethical Reasoning In this article I am concerned with reasoning about matters of justice. There is no doubt that justice-reasoning is a significant mode of ethical reasoning and its importance is therefore generally accepted. But there is a considerable debate concerning the role formal justice can play in reasoning about justice. In this paper, I first provide an analysis of formal justice. I then show that the concept of formal justice is identical to one notion of fairness and I illustrate the function of formal justice in reasoning about issues of fairness. In the third section, I argue that formal justice is an essential component of justice tout court and I demonstrate its value for understanding and assessing reasoning about matters of justice. The overall result of this investigation is that formal justice is an important notion that has a special function in moral thinking, which has not been sufficiently appreciated in the literature. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Res Publica Springer Journals

The Role of Formal Justice in Ethical Reasoning

Res Publica , Volume 21 (1) – Feb 1, 2015

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References (41)

Publisher
Springer Journals
Copyright
Copyright © 2015 by Springer Science+Business Media Dordrecht
Subject
Philosophy; Political Philosophy; Political Theory; Ethics; Theories of Law, Philosophy of Law, Legal History; Philosophy of Law
ISSN
1356-4765
eISSN
1572-8692
DOI
10.1007/s11158-014-9264-8
Publisher site
See Article on Publisher Site

Abstract

In this article I am concerned with reasoning about matters of justice. There is no doubt that justice-reasoning is a significant mode of ethical reasoning and its importance is therefore generally accepted. But there is a considerable debate concerning the role formal justice can play in reasoning about justice. In this paper, I first provide an analysis of formal justice. I then show that the concept of formal justice is identical to one notion of fairness and I illustrate the function of formal justice in reasoning about issues of fairness. In the third section, I argue that formal justice is an essential component of justice tout court and I demonstrate its value for understanding and assessing reasoning about matters of justice. The overall result of this investigation is that formal justice is an important notion that has a special function in moral thinking, which has not been sufficiently appreciated in the literature.

Journal

Res PublicaSpringer Journals

Published: Feb 1, 2015

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