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6 - Justice-Aptness of International Law

Published online by Cambridge University Press:  15 April 2019

Miodrag A. Jovanović
Affiliation:
University of Belgrade
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Summary

This chapter deals with law’s justice-aptness. Both law-making and law-application are in the function of coordinating behavior of norm-subjects and settling their disputes. These functions are conducted through the allocation of certain benefits and burdens in the form of rights and obligations, as well as through remedying harms stemming from the wrongful behavior of norm-subjects. Therefore, “[i]n view of the function of law in creating and enforcing obligations, it necessarily makes sense to ask whether law is just”. Justice-aptness “applies as much to the substance of law as it does to its administration and procedures.” Proceeding from Aristotle’s classical distinction between distributive and corrective justice, this chapter inspects to what extent international law can be appraised in these terms.
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Publisher: Cambridge University Press
Print publication year: 2019

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