Values File

Slhs value file justice distributiveeconomic under a

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Unformatted text preview: . Emmanuel Levinas, French-Lithuanian Ethical Philosopher, TOTALITY AND INFINITY, 1988, p. 89-90. But we wish to show also how, starting from knowing identified with thematization, the truth of this knowing leads back to the relation with the Other, that is, to justice. For the sense of our whole effort is to contest the ineradicable conviction of every philosophy that objective knowledge is the ultimate relation of transcendence, that the Other (though he be different from the things) must be known objectively, even if his freedom should deceive this nostalgia for knowledge. The sense of our whole effort lies in affirming not that the Other forever escapes knowing, but that there is no meaning in speaking here of knowledge or ignorance, for justice, the preeminent transcendence and the condition of knowing, is nowise, as one would like, a noesis correlative of a noema. SLHS Value File Justice (corrective) Corrective justice defines us as being morally obligated ) 2001 Northwestern University Law Review Fall, 2001 Denise C. Morgan* * Professor, New York Law School; B.A., Yale College, 1986 While distributive justice mandates the allocation of burdens and benefits in proportion to fixed criteria that apply to the recipients in varying degrees, corrective justice requires wrongdoers to rectify the injuries they cause. According to Aristotle, such injuries occur in contractual interactions, like selling and buying, and tortious ones, like theft and assault. n14 Aristotle summarized the differences between the two forms of justice using a mathematical analogy. n15 Corrective justice is an equality of arithmetic quantity such that the gain to the wrongdoer is equal to the loss to his or her victim and the role of the judge is to restore the initial balance between the two parties. n16 In contrast, distributive justice is an equality of geometric proportion such that the just distribution of communal benefits and burdens demands the allocation of portions that are in the same ratio to one another as are the merits of the people participating in the distributi...
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