Jump to ContentJump to Main Navigation

Online

49,00 € / $74.00*

* Prices subject to change. Shipping costs will be added if applicable.
Publication Date:
December 2008
ISSN:
1565-3404
DOI:
10.2202/1565-3404.1213

See all formats and pricing

Online
Individual Subscription Online only
Euro [D] 49.00
RRP for USA, Canada, Mexico
US$ 74.00 *
Print
Individual Subscription Online only
Euro [D] 176.00
RRP for USA, Canada, Mexico
US$ 237.00 *
Print + Online
Individual Subscription Online only
Euro [D] 212.00
RRP for USA, Canada, Mexico
US$ 285.00 *
*Prices subject to change. Shipping costs will be added if applicable.
VolumeIssuePage

Issues

Property, Community, and the Problem of Distributive Justice

J. E Penner1

1University College London

Citation Information: Theoretical Inquiries in Law. Volume 10, Issue 1, Pages 193–216, ISSN (Online) 1565-3404, DOI: 10.2202/1565-3404.1213, December 2008

Publication History:
Published Online:
2008-12-16

While it is often taken for granted that the concepts of property and of distributive justice are capable of working together to generate norms which can enhance positive social and political relations, in particular the value of community, this Article argues otherwise. Relying on critical tools deriving from Hegel’s Philosophy of Right and Marx’s notion of fetishism, the author claims that the Rawlsian conception of distributive justice fetishizes the institution of property, and claims to "distribute" participation in society amongst its members as if this amounted to a distribution of so many objects. Taken in this way, the concept of distributive justice has no respectable content. What social justice requires is a means to ensure that people are not "socially excluded," which requires each individual’s participation in the social and cultural enterprise. This sort of participation can no more be "distributed" than can life itself, and the realization of this point undermines the cogency of most discussions of distributive justice.

Comments (0)

Please log in or register to comment.