Compensatory justice
The compensatory justice is a sub-concept of justice and describes legal relationships between equals according to the Nicomachean ethics of Aristotle . In contrast to this, there is “distributive justice”, which describes the legal relationships between unequal (for example the state and the citizens).
Aristotle continues to differentiate between compensatory justice
- " Exchanging justice " ( iustitia commutativa ) in voluntary contractual relationships (e.g. purchase, sale, loan, guarantee, usufruct, deposition, rent)
- "Restorative or corrective justice" ( iustitia regulativa sive correctiva ) in involuntary interactions (e.g. theft, robbery, deprivation of liberty, abuse, manslaughter, murder)
While the distributing justice has a geometric proportionality to the standard (distribution according to claim, dignity or merit), the compensatory justice has an arithmetic proportionality to the standard (regardless of the person).
literature
- Günther Bien : Justice with Aristotle . In: Otfried Höffe (Ed.): Aristoteles. Nicomachean Ethics . 3rd, edited edition. Akademie Verlag Berlin, Berlin 2010, ISBN 978-3-05-004925-0 .