The normative foundations of law are sometimes rooted in economic efficiency and other times rooted in social justice concerns. How do these normative foundations vary, and are the variations justifiable?
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Private property is often criticised for failing to promote equality: with private property rights, some people inevitably end up with more than others. Is this unjust, on grounds that economic “equality” is an essential component of justice? We know that justice is a good thing (nobody would argue that injustice is an admirable goal to aspire to) but does it follow logically that the full force of the law should be harnessed to equalize everything? Equal amounts of stuff, equal pay for all working people especially if they're women, equal benefits for all unworking people and equal opportunities for all to have an equally good life. Everything should be equally distributed. Because otherwise it’s not fair.
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May 2022
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