This course takes as its starting point two ideas from Aristotle. The first is: justice consists in giving each her due. This raises more questions than it answers. In what, for example, does "one's due" consist, exactly? Aristotle's second idea is the start of an answer: the domain of justice can be divided into two exhaustive and mutually exclusive parts, corrective justice, or justice in transactions, and distributive justice, or justice in holdings.
We will focus on the distinction between corrective and
distributive justice, surveying along the way several contemporary
theories of each. We will consider a few important current legal and
political issues as illustrations of and problems for these accounts.
Particular attention will be paid to issues that arise at the meeting
point of corrective and distributive justice and private and public
law, e.g., freedom of contract. We will end with a consideration of
the question whether "retributive justice" comprises a third
irreducible category.
Time & location
Classes will meet Monday 2-3 and Wednesday 2-4, Talbot College
340.
Readings
A course package, available at In Print.
Requirements (Note changes in exam weightings)
A mid-term exam (20%), a term paper (50%) and a final exam (30%). There will be no formal participation grade, but class participation will be strongly encouraged.
See etc. for information on the mid-term exam, and, starting 9 February, a copy of the mid-term exam.