From a pluralism of grounds to proto-legal relations: accounting for the grounds of obligations of justice

Pavlakos, G. (2017) From a pluralism of grounds to proto-legal relations: accounting for the grounds of obligations of justice. Ratio Juris, 30(1), pp. 59-74. (doi:10.1111/raju.12152)

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Abstract

In this paper I discuss critically Mathias Risse's paper “Responsibility and Global Justice.” First, I argue that for Risse's pluralist account of the grounds of justice to hold together, there is need to presuppose a monist standpoint which ultimately contributes to grounding principles of justice. Second, I point out that Risse's understanding of obligations of accountability and justification is rather narrow in that it functions as an addendum to obligations of justice. Conversely, I will suggest that the obligation of accountability plays a deeper role: The conditions that ground it feature at the same time among the grounds of obligations of justice. Accordingly, the kind of relation that gives rise to a duty among agents to account for their actions must be in place when obligations of justice obtain. Following on from these remarks I will adumbrate an alternative account of the relation which grounds (enforceable) obligations of justice.

Item Type:Articles
Additional Information:The author would like to acknowledge the financial support of the Grant Agency of the Czech Academy of Sciences through a project on “The Role of the Principle of Proportionality in the Decision-Making Process of Courts” (grant ID: 15-23955S).
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Pavlakos, Professor George
Authors: Pavlakos, G.
College/School:College of Social Sciences > School of Law
Journal Name:Ratio Juris
Publisher:Wiley-Blackwell Publishing Ltd.
ISSN:0952-1917
ISSN (Online):1467-9337
Published Online:06 February 2017
Copyright Holders:Copyright © 2017 The Author. Ratio Juris and John Wiley and Sons Ltd
First Published:First published in Ratio Juris 30(1): 59-74
Publisher Policy:Reproduced in accordance with the publisher copyright policy

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