Compensatory justice : a Rawlsian perspective 261 views

Principles of compensatory justice are commonly applied to examples of injustice which are relatively recent, have a clear victim and victimizer, and span a short amount of time. There is a need for a principle of compensatory justice which could adjudicate both paradigmatic and non-paradigmatic cases of injustice while being equitable to victims, bystanders, and even victimizers. Through the use of a modified Rawlsian original position, several compensatory principles are considered, with one, the Compromise Rule, satisfying the prudential criteria relevant to a Rawlsian hypothetical contractor. According to this Compromise Rule, injuries which involve psychological or physical injury are compensable only to the primary victim; injuries which involve loss or damage to real or personal property or assets are compensable as long as gain from the injury persists. In later chapters the Compromise Rule is also examined for its moral and intuitive implications.

PHD (Doctor of Philosophy)

injustice; victim; victimizer; bystander; Compromise Rule

English

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1995-01-01