Letto-Vanamo, Pia --- "Meaning(s) of Social Justice in Nordic Countries" [2011] ELECD 677; in Micklitz, Hans-W. (ed), "The Many Concepts of Social Justice in European Private Law" (Edward Elgar Publishing, 2011)

Book Title: The Many Concepts of Social Justice in European Private Law

Editor(s): Micklitz, Hans-W.

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849802604

Section: Chapter 12

Section Title: Meaning(s) of Social Justice in Nordic Countries

Author(s): Letto-Vanamo, Pia

Number of pages: 20

Extract:

12. Meaning(s) of social justice in Nordic
countries
Pia Letto-Vanamo


1 INTRODUCTION1
One of the most fundamental topics of legal research is justice, especially the
relationship between law (in German: Recht) and justice (Gerechtigkeit).
Legal philosophers generally ask what is `just', while the most relevant ques-
tion of legal history is the question about the changing meaning of justice: how
justice has been understood, and how that understanding has been realized at
different times. In particular, the history of legal sources ­ doctrines of legal
sources2 and ideas about the legitimacy of law (legal order) ­ has been the
focus of study.
The relationship between law and justice is also discussed when studies on
current law are concerned.3 One reason for today's debates is European inte-
gration: EU law as well as the competence of the European Court of Human
Rights have questioned the foundations of national state doctrines of legal
sources and current legal argumentation as well. In addition, ratification of the
European Convention on Human Rights (ECHR) has brought into arenas of
law discussions of values as well as weighing between different values ­
generally expressed in different rights of individuals.4



1 This chapter has been written as part of research done at the Centre of
Excellence for Foundations of European Law and Polity Research at the University of
Helsinki.
2 See for instance Schröder, J. (2001), Recht als Wissenschaft: Geschichte der
juristischen Methode vom Humanismus bis zur historischen Schule (1500­1850),
Munich: C.H. ...