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2 - Residues of Injustice

Formal Equality and Civil Rights

Published online by Cambridge University Press:  11 July 2019

Robin L. West
Affiliation:
Georgetown University, Washington DC
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Summary

“Legal justice,” according to a philosophical tradition with a lineage back to Aristotle, requires – perhaps consists of – the mandate to “treat likes alike.” That mandate – which is sometimes called a requirement of “legal justice,” sometimes of “horizontal justice,” and sometimes of “horizontal equity” – is manifested widely in adjudicative law, by no means only in antidiscrimination or civil rights law: by contrast to distributive justice, or social justice, or political justice, legal justice is understood to mean the form of justice distinctively dispensed by courts, rather than by legislatures or executives. “Like” crimes, for example, warrant and should receive like punishments by the courts charged with sentencing them: if two defendants commit the same crime, they should receive the same punishment.

Type
Chapter
Information
Civil Rights
Rethinking their Natural Foundation
, pp. 92 - 147
Publisher: Cambridge University Press
Print publication year: 2019

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  • Residues of Injustice
  • Robin L. West, Georgetown University, Washington DC
  • Book: Civil Rights
  • Online publication: 11 July 2019
  • Chapter DOI: https://doi.org/10.1017/9781108623261.003
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  • Residues of Injustice
  • Robin L. West, Georgetown University, Washington DC
  • Book: Civil Rights
  • Online publication: 11 July 2019
  • Chapter DOI: https://doi.org/10.1017/9781108623261.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Residues of Injustice
  • Robin L. West, Georgetown University, Washington DC
  • Book: Civil Rights
  • Online publication: 11 July 2019
  • Chapter DOI: https://doi.org/10.1017/9781108623261.003
Available formats
×