Distributive Justice
Exam Snapshot
Distributive justice is a core jurisprudential concept involving the allocation of resources and opportunities. It is distinct from corrective justice. Expect questions on Rawls' "Veil of Ignorance" and Aristotle's proportional allocation.
Core Concept
- Distributive Justice: Addresses "Who gets what?" in society. It focuses on the fair allocation of goods, rights, and responsibilities.
- Allocative Nature: It is about distributing benefits rather than remedial actions.
- Proportionality: Aristotle argued that goods should be distributed based on merit or contribution.
Nepal Law Anchors
- Article 18 (Equality): Constitutional guarantee of equal treatment.
- Article 42 (Social Justice): Mandates inclusive and proportional distribution of opportunities to marginalized groups.
Confusable Terms
| Term | Focus | Goal |
|---|---|---|
| Distributive | Fair allocation | Social equity |
| Corrective | Remedial/Restorative | Fixing wrongs/damages |
MCQ Traps
- Misattributing the "Veil of Ignorance" (it is John Rawls, not Aristotle or Nozick).
- Assuming Distributive Justice requires equal distribution. It often requires proportional distribution based on need or merit.
Example
Reservation policies for women or Dalits in government jobs are classic examples of distributive justice, aiming to rectify historical inequities.
Memory Hook
Distributive = Divide fairly. Corrective = Cure the wrong.
Quick Revision
- Aristotle: Proportionality.
- Rawls: Veil of Ignorance/Fairness.
- Goal: Allocate resources equitably.
- Nepal: Reflected in Social Justice/Inclusion provisions.