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Week 1.2
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What is the summary of book 5
Makes the distinction between 2 different types of justice: Distributive and Rectificatory
What is distributive justice
Unequal people, unequal share
‘What is just is what is equal therefore what is unjust is unequal’
What is equal is a mean/average
We Judge the people in relationship to the things that we give/they take
If A:B = C:D then A:C = B:D so the ratio stays right. A and B are the people involved and C and D are the outcomes for each person - As what is just is a mean, what is unjust violates the proportion
What is rectificatory justice
Equal people, correction of undue gains
Soley cares about rectifying wrongs when someone has been treated unfairly
Found in both voluntary and involuntary transactions
Uses arithmetical proportion not geometric like distributive justice
It does matter if if it is a good person who has defrauded a bad person or vise versa, law only looks at difference made by the injury (All are treated as equals)
What is the role of the Judge?
Equalises any kind of injustice with some sort of penalty
Loss and Gain
Just is a mean between loss and gain
There is an equal amount before and after the transaction