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Functionalist Justice and Coordination
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2020
Year
Functionalist FrameworkComparative Constitutional LawSystemic JusticeConstitutional LawFunctionalist TheoryLawSocial SciencesFunctional PrinciplesLegal TheoryFunctionalist JusticeDigital JusticePhilosophy (French Literary Studies)Philosophy (Philosophy Of Mind)Constitutional LitigationFederal Constitutional LawJusticeInjusticeConstitutionSocial Justice
This article lays out the “functionalist” view according to which justice is a social technology for adjudicating competing claims, then defends the claim that any functional principles of justice must effectively coordinate the expectations of diverse members of society. From there, it argues that within the functionalist framework there cannot be any adequate conception of justice for society’s basic institutional structure or constitution under conditions of reasonable pluralism. It concludes by discussing the theoretical place of emergent legal and constitutional principles within a functionalist theory.