[DOWNLOAD] "Arguments for Inequality: Why They Don't Work (Australia)" by University of Western Sydney Law Review ~ eBook PDF Kindle ePub Free
eBook details
- Title: Arguments for Inequality: Why They Don't Work (Australia)
- Author : University of Western Sydney Law Review
- Release Date : January 01, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 290 KB
Description
Modern political and legal philosophy has followed Aristotle in seeing different theories of justice addressing different kinds of social practices. Theories of distributive justice concern the distribution of the benefits and burdens of social life across individuals and groups. Theories of retributive justice deal with the nature and justification of punishment. As political theorist Andrew Levine points out, the guiding idea for Aristotle, and for most subsequent researchers, has been that of 'treating like cases alike'. But there are many different ways in which such 'likeness' can be, and has been, understood. (1) At first sight it might appear that it is the latter, retributive form of justice that is the main concern of law. But while criminal law is indeed concerned with issues of retribution, issues of distributive justice bear upon virtually all areas of law. Corporations law, consumer law, employment law, tax law, and tort law are built around ideas and assumptions concerning fair or just distribution of resources between individuals and social groups. And the day-to-day operation of these laws has profound implications for such distribution in contemporary society. The actual distribution of benefits and burdens is particularly significant for criminal law, with higher levels of inequality significantly positively correlated with levels of violent crime around the world. Levels of social inequality also have profound implications for effective access to legal resources and influence upon the lawmaking process.
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