著者
尾﨑 一郎
出版者
日本法社会学会
雑誌
法社会学 (ISSN:04376161)
巻号頁・発行日
vol.2013, no.78, pp.62-73, 2013 (Released:2021-05-04)

Theories of justice premise that we can articulate and formulate the universal, comprehensive, and public justice. ‘Justice’ as such has affinity with ‘law’ or ‘adjudication.’ In the modern society, nevertheless, autonomous law, structurally differentiated from the other functional systems, has fundamental gaps from justice, though still making, or believing, its integrity and identity based on justice. In some situations, ‘justice’ is even invoked to criticize and reject law. Sociology of law, that is originally a reflection on excessive doctrinarism and dogmatism in jurisprudence, may utilize its sensibility when discussing and dogmatizing justice.