Relational Justice: A Theory of Private Law
Hanoch Dagan andAvihay Dorfman
Published:
2024
Online ISBN:
9780191987762
Print ISBN:
9780198876229
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Relational Justice: A Theory of Private Law
Hanoch Dagan andAvihay Dorfman
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Hanoch Dagan,
Avihay Dorfman
Pages
201–222
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Published:
June 2024
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Abstract
Although poverty is widely perceived as only a matter of distributive justice and thus beyond the scope of interpersonal interactions, poverty also has an irreducibly relational dimension since it implicates people’s ability to interact as self-determining and substantively equal persons. Like other social conditions and personal traits that make private discrimination unacceptable, poverty imposes severe limitations on the options available to individuals. It can thus impair their autonomous functioning and also undermine the possibility of relating to others as equals. Accommodating the poor, however, is particularly challenging due to significant operational difficulties in implementing private responsibility for poverty alleviation. This chapter shows, however, that private law can devise appropriate strategies for addressing this operational challenge and has done so to some extent. A particularly attractive strategy animates doctrines like minimum wage and the implied warranty of habitability, where accommodating the poor is built into the terms of the interaction. These doctrines target major spheres of interpersonal interaction—the workplace and the housing markets—where poverty has jeopardized private law’s compliance with relational justice. By setting the appropriate floors (which vary from one society to another), they express the concern of private law with relevant differences between the parties’ economic conditions.
Keywords: poverty, minimum wage, warranty of habitability, inclusionary education, affordable housing, pro bono, price controls, accessible credit, usury
Subject
Contract Law Civil Law Tort Law
Series
Oxford Private Law Theory
Collection: Oxford Scholarship Online
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