Justice Rehnquist's Theory of Property

Pragmatic Elements of Rawls’s Theory of Justice

In this article, in order to demonstrate the pragmatic elements of Rawls’s viewpoint, the developmental path of his A Theory of Justice shall first be investigated. This development has two phases: In the first phase, justice has an ethical-philosophical basis. In A Theory of Justice, this phase is specifically shown under the title of theory of justice. In the second phase, justice has no phil...

A Theory of Justice

John Rawls is Professor Emeritus at Harvard University. He is the author of the well-known and path breaking A Theory of Justice (Harvard, 1971) and the more recent work Political Liberalism (Columbia, 1996). These excerpts from A Theory of Justice provide a skeletal account of Rawls's project of using social contract theory to generate principles of justice for assigning basic rights and dutie...

A Theory of Informal Justice∗

This paper develops a positive model of informal justice in which rewards and punishments are not determined by an ex ante optimal contract but instead express the ex post moral sentiments of the arbitrating party. In our model, a third party arbitrator mediates a one-shot relationship between two players, one of whom can exert an externality on the other. Importantly, formal contracts are not ...

A Theory of Property

Notwithstanding its importance, property law has eluded both a consistent definition and a unified conceptual framework. Indeed, modern property scholarship has utterly splintered the field. On the one hand, instrumentalists view property as nothing more than default contract rules. On the other hand, conceptualists proclaim the primacy of in rem, rights and specially privileged rights such as ...

Property-Owning Democracy and the Demands of Justice