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DISTRIBUTIVE JUSTICE AND CONTRACT LAW: ON THE INSTITUTIONAL DIVISION OF LABOR IN PETER BENSON

Authors

Leandro Martins Zanitelli
Universidade Federal de Minas Gerais
https://orcid.org/0000-0001-5734-4996

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Abstract

The article deals with Peter Benson’s defense of an IDL between institutions charged with carrying out distributive justice and contract law. More precisely, the article deals with two of Benson’s theses in this regard. The first is the IDL thesis itself. According to this thesis, it is distributive justice itself that requires a division of labor between contract law and the institutions charged with meeting distributive injunctions. The second is the indirect application thesis, according to which IDL is compatible with distributive justice applying indirectly to contract law. The article raises objections to both theses.

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