In Virgil Stoica & Bogdan Constantin Mihăilescu (eds.), Noi perspective asupra valorilor politice. Iasi, Romania: (2018)

The main thesis of this paper is that justice is not a natural law that (re)establishes equilibrium and order in the universe, but a disposition enforced by a fighting will to render to every man his due in line with a regime of rights, powers, or immunities to use, enjoy and control some external goods. Inasmuch as there is no sense, feeling or instinct of justice, it is reasonable to assert that people regulate their conduct under the authority of a legislative authority according to certain ideas of justice, which they adopt and promote through a steady effort of knowledge and will. Critical analysis of the main types of justice − associative justice, punitive justice, corrective justice, restorative justice, functional justice, normative justice, commutative justice and distributive justice − from a liberal democratic perspective highlights the formal requirements of justice in different social arrangements and in relation to various aspects of personal and social life. Because it lacks a natural foundation of justice and people have strong interests in enforcing a certain idea of justice, public debates about justice entail a clash of militant wills. Debaters engage in a struggle for political hegemony trying to exclude from the public sphere the rival ideas about justice. In other words, all substantive debates about justice are carried out in an agonistic public sphere. The more civilized and reasonable the agonistic debates about justice are, the more likely the idea of justice is to fit the vital interests of individuals and society.
Keywords agonistic public sphere  fighting will  justice  organizing principle  rule  type of justice
Categories (categorize this paper)
Buy the book Find it on
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Translate to english
Revision history

Download options

PhilArchive copy

 PhilArchive page | Other versions
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles

Social Justice and Legal Justice.Wojciech Sadurski - 1984 - Law and Philosophy 3 (3):329 - 354.
Justice Publique Et Justice Privée.Daniel Cohen - 1997 - Archives de Philosophie du Droit 41:149-162.
The Rule Of Law Craving For Justice / L’État De Droit En Mal De Justice.Emilian Cioc - 2010 - Studia Universitatis Babeş-Bolyai Philosophia 1.
Justice: The Neglected Argument and the Pregnant Vision.Xunwu Chen - 2009 - Asian Philosophy 19 (2):189 – 198.
Justice and Public Health.Govind Persad - 2019 - In Anna Mastroianni, Jeff Kahn & Nancy Kass (eds.), Oxford Handbook of Public Health Ethics. New York, NY, USA: pp. ch. 4.
Corrective Vs. Distributive Justice: The Case of Apologies.Andrew I. Cohen - 2016 - Ethical Theory and Moral Practice 19 (3):663-677.
Law and Justice in Community.Garrett Barden - 2010 - Oxford University Press.


Added to PP index

Total views
1,735 ( #2,824 of 2,518,149 )

Recent downloads (6 months)
287 ( #1,592 of 2,518,149 )

How can I increase my downloads?


My notes