Justicia correctiva vs. justicia social en casos de conflicto armado
How do we justify the practice of corrective justice for losses suffered during armed conflicts? This article seeks to show the force and relevance of this question, and to argue that, in cases of massively destructive wars, social justice should gain priority over corrective justice. Starting from...
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Format: | Article |
Language: | Spanish |
Published: |
Universidad del Rosario
2010
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Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3369101 |
Source: | Revista Estudios Socio-Jurídicos, ISSN 0124-0579, Vol. 12, Nº. 2, 2010, pags. 59-85 |
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Summary: |
How do we justify the practice of corrective justice for losses suffered during armed
conflicts? This article seeks to show the force and relevance of this question, and to
argue that, in cases of massively destructive wars, social justice should gain priority
over corrective justice. Starting from a liberal Rawlsian conception of the relationship
between corrective and social justice, it is argued that, paradoxically, the more destructive
a war is, the less normative force corrective rights have and the higher priority
policies of social justice, which guarantee basic rights to all citizens, should have. |
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