Limited justice and reparation for injustice: Considerations in light of classical legal realism

Abstract

This work aims to explore the meaning of “what is just” (iustum) in the specific context of the reparation of injustice. It begins with the revision of the classical distinction of the forms of justice, that leads to the further distinction between three species of juridical relationships (commutative, distributive and legal) and two classes of manifestation of the iustum: originary deeds, and deeds that are subsequent to a reparation situation. Finally, it explores the inherent limitations of reparation of the injustice. Some of them are common to all forms of justice, and others are specific to a particular kind of juridical relationship.