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2013•Pravni zapisiOpen access

Is there a place for contract law in Rawls's theory of justice?

Aleksa Radonjić

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Abstract

The goal of this paper is to show that contract law has its place in Rawls's theory of justice, even though Rawls himself claimed the opposite. The author starts with the short presentation of Rawls's theory of justice, then analyses the objections to contract law being part of the basic structure, and finally shows that contract law can have the distributive function, and therefore fits into the Rawls's basic structure.

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The goal of this paper is to show that contract law has its place in Rawls's theory of justice, even though Rawls himself claimed the opposite. The author starts with the short presentation of Rawls's theory of justice, then analyses the objections to contract law being part of the basic structure, and finally shows that contract law can have the distributive function, and therefore fits into the Rawls's basic structure.

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Available abstract

The goal of this paper is to show that contract law has its place in Rawls's theory of justice, even though Rawls himself claimed the opposite. The author starts with the short presentation of Rawls's theory of justice, then analyses the objections to contract law being part of the basic structure, and finally shows that contract law can have the distributive function, and therefore fits into the Rawls's basic structure.

Key concepts: Economic Justice, Primary goods, Distributive justice, Law, Distributive property, Law and economics, Sociology, Political science

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