Direito privado e justiça: o argumento da divisão institucional do trabalho

Abstract

Rawls proposes a division of labor between the institutions com-posing society’s basic structure and the rules applying directly to individuals and associations (private law, roughly speaking). The paper exposes and criti-cizes the claim that a non-distributive ideal of justice (such as an ideal of cor-rective justice) is suited for private law under Rawls’ account. It is argued that private law is a necessary condition for preserving what Rawls calls “background justice”, as well as that it can perform this role while maintain-ing a relative normative simplicity.