Law Commons^™

What Is Injustice?, Eric Heinze

Prof. Eric Heinze, Queen Mary University of London

Throughout Western history, theorists have explained injustice by starting with some idea of justice. They have made justice fundamental, and the notion of injustice merely derivative of it. Since, after 2500 years of theory, we lack any consensus about what justice is, it would be easy to conclude that injustice is equally indeterminate.

However, injustice is not the sheer “opposite” or “negation” of justice. Plato set the stage for two millennia of justice theories by identifying “harmony” as justice’s essential attribute. Aristotle refined that project by adding the element of “measurement,” which has continued to structure programmatic justice theories through …

Ripping Off Grandma And Grandpa Without Hurting The Banks Of America: Allowing The Elderly And Other Easy Prey To Pay For The Crimes Of Immoral Individuals And Institutions, Brett D. Maxfield

Brett D Maxfield

This paper looks at the abuses of the banks of America in the ways they influence the law of credit and debt collection and what can be done to reform the system.

Originalism And The Problem Of Fundament Fairness, R. George Wright

R. George Wright Professor

Originalism is perhaps the most prominent theory of how to interpret the Constitution. Originalism, however, rests upon a process of constitutional drafting and ratification that systematically excluded important demographic groups. Originalism thus rests on a fundamental injustice. Crucially, this fundamental injustice is not confined to the past once the various excluded groups gain the franchise. Originalist theories remain crucially tainted and skewed, particularly with respect to constitutional questions on which originally excluded groups had interests diverging from those of non-excluded groups. The continuing effects of the fundamental unfairness of the constitutional drafting and ratifying process are explored through considering the …