Open AccessThey Live and They Make Consumer Law a Poor Instrument of Distributive Justice
Author(s) -
Szymon Osmola
Publication year - 2021
Publication title -
archiwum filozofii prawa i filozofii społecznej
Language(s) - English
Resource type - Journals
ISSN - 2082-3304
DOI - 10.36280/afpifs.2021.1.76
Subject(s) - distributive justice , injustice , status quo , distributive property , argument (complex analysis) , economic justice , law , law and economics , sociology , political science , state (computer science) , biochemistry , chemistry , mathematics , algorithm , computer science , pure mathematics
Even though consumer contract law concerns voluntary agreements between private parties, it is often considered to be an instrument of the principle of distributive justice, according to which the design of social institutions should benefit the worse-off members of society. The article claims that such a view is mistaken. It appeals to the so-called status quo argument, according to which interpreting consumer law as an instrument of distributive justice may entrench the current, unjust state of affairs, and therefore compound, rather than eradicate, distributive injustice. Within that framework, consumer law is treated as the legal instantiation of consumer culture, which, even if not inherently unjust, poses several risks for individuals and their overall wellbeing. Apart from presenting the abstract argument, the article illustrates it with a vivid example from popular culture – John Carpenter’s iconic film They Live.