Felipe Jiménez (USC Gould School of Law) has posted Relational Justice and the Value of Private Law, forthcoming in Law and Philosophy, on SSRN. Here is the abstract:
Relational Justice: A Theory of Private Law articulates a distinctive theory of private law that claims this body of law is grounded in a basic commitment to self-determination and substantive equality. In this short comment, I focus on three aspects of Dagan and Dorfman’s theory: the relationship between relational justice and other more traditional notions of interpersonal justice; the idea that private law is intrinsically valuable; and the connection between private law and liberalism. In each of these cases, my comments are not meant to question the substance of the theory itself but rather to explore some meta-theoretical aspects concerning its relationship to the idea of commutative justice, the nature of its claims, and its connection to liberalism.
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