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Three Faces of Justice and the Management of Change
Author(s) -
Leader Sheldon
Publication year - 2000
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.00250
Subject(s) - economic justice , law and economics , rhetoric , politics , equity (law) , power (physics) , sociology , political philosophy , law , space (punctuation) , state (computer science) , political science , work (physics) , epistemology , engineering , mathematics , computer science , mechanical engineering , linguistics , philosophy , physics , algorithm , quantum mechanics , operating system
The apparatus of legal principles we use has, far more than we realise, transformed the way we think about the control of private power in the name of social justice. The actual sort of equity that the legal and political system is searching for is not reflected in our major political theories, nor indeed in the official rhetoric of many such systems themselves. The reason for this mismatch has to do with the need to accomodate change – a space opened by the law and unacknowledged by theory. This article sets out the current theoretical frameworks within which the regulation of private power is analysed, and it contrasts these with a different approach to the problem of justice at work in employment and corporate law that does not find its way into theory. Once that approach is given a formulation, its place within a larger theory of justice is proposed, and its wider implications for the relationship between state and civil society are investigated.