Abstract
This paper provides a foundational theoretical framework for understanding the central theme of the Review of Economic Philosophy’s issue on “Justice, Interest, and Judicialization” with a particular focus on legal dynamics. By examining the principles of utilitarianism, various theories of justice and individual liberty, the paper contextualizes the concept of judicialization upon the background of those philosophical underpinnings. Judicialization, which operationalizes justice and interests, necessitates a clear exposition of these foundational theories. The paper begins with a review of Jeremy Bentham’s contributions and proceeds to delineate the core principles of justice theory, especially as articulated by John Rawls, and the principles of the rule of law, as espoused by Friedrich Hayek.The exploration culminates by revisiting the “Law and Economics” movement, particularly through the lens of Richard Posner’s perspectives. Our critical analysis aims to elucidate the interaction between socio-economic factors and the legal processes of judicialization, as well as the resulting effects on societal interactions. Additionally, the paper highlights the importance of cultural context in shaping legal norms by delving into a case study of Japan. This paper is designed to set a foundational understanding for the reader, paving the way for the practical explorations of economic philosophy that follow in the rest of this volume.
JEL Codes
B15, K41, N35.