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Commutative justice and distributive justice
Commutative justice and distributive justice, Aristotle's doctrine of justice of equality is called by him commutative justice which requires at least two persons while distributive justice requires at least three. Relative equality in treating different persons while grating relief according to need, or reward and punishment according to merit and guilt is the essence of distributive justice. While in commutative justice the two persons confront each other as co-equals, there or more persons are necessary in distributive justice in which one, who imposes burdens upon or grants advantages to the others, is superior to them. 'Therefore, it presupposes an act of distributive justice which has granted to those concerned, equality to rights, equal capacity to act, equal status.' [The Legal Philosophies of Lask, Radbruch and Dabin, p. 74] According to Radbruch, 'distributive justice is the prototype of justice. In it we have found the idea of justice, toward which the concept of law must be...
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