Formuły sprawiedliwości dystrybutywnej

Abstract

The article aims at presenting distributive justice conceptions. They constitute a measure according to which public authority makes a fair distribution of goods and burdens among members of society. The author demonstrates seven justice conceptions to analyze their advantages and disadvantages. The conceptions are as follows: equal distribution; to each according to his needs; to each according to his results; to each according to his contribution; to each according to his credit; to each according to his social position; to each according to which he is entitled to by law. In the light of the law, the most appropriate conception is the final one, related to the classical definition of justice formulated by Ulpian (“Iustitia est constans et perpetua voluntas ius suum cuique tribuendi”). It is of “blank” character (a regulation referring to another rule) and therefore its assessment depends finally on the assessment of the content of the legal rules it refers to. This conception is beneficial for judges relieving them of personal responsibility for giving a specific sentence and shifting the responsibility onto legislator. However, the judge’s loyalty to this conception cannot be absolute, cannot justify each decision that is correct from the formal point of view. It discontinues when the letter of the law is transformed into “legislative unlawfulness” (gesetzliches Unrecht).