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Journal article

The rule of justice

Abstract:
Law can secure some aspects of justice in a political community. Yet the law should not generally prohibit injustices by private persons or give recourse against them. That would be tyranny. It may seem that the law should, by contrast, prohibit all injustices in the conduct of government, and give recourse against them. In this article I argue against that seemingly attractive idea. I do so by reference to three kinds of public injustice: in voting, in legislation, and in adjudication. I claim that those kinds of public injustice are not generally matters for the law. Preventing or repairing injustice is not enough to justify legal prohibitions or legal recourse against wrongs. The justification of legal measures depends on a political principle: that the law ought to make the political community a good one.
Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1093/icon/moac109

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Oxford college:
All Souls College
Role:
Author
ORCID:
0000-0003-1333-5005


Publisher:
Oxford University Press
Journal:
International Journal of Constitutional Law More from this journal
Volume:
20
Issue:
5
Pages:
1851–1873
Publication date:
2023-02-06
Acceptance date:
2022-11-28
DOI:
EISSN:
1474-2659
ISSN:
1474-2640


Language:
English
Keywords:
Pubs id:
1310664
Local pid:
pubs:1310664
Deposit date:
2022-11-29
ARK identifier:

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