ABSTRACT

Every single legal rule may be thought of as one of the bulwarks or boundaries erected by society in order that its members shall not collide with each other in their actions.

P. Vinogradoff*

Justice is an attribute of human conduct

We have chosen the term 'rules of just conduct* to describe those end-independent rules which serve the formation of a spontaneous order, in contrast to the end-dependent rules of organization. The former are the nomos which is at the basis of a 'private law society'1 and makes an Open Society possible; the latter, so far as they are law, are the public law which determines the organization of government. We did not contend, however, that all rules ot just conduct which may in fact be obeyed should be regarded as law, nor that every single rule which forms part of a system of rules of just conduct is by itself a rule defining just conduct. We have still to examine the vexing question of the relation between justice and law. This question has been confused as much by the belief that all that can be decided by legislative decision must be a question of justice, as by the belief that it is the will of the legislature which determines what is just. We shall first consider some often disregarded limitations of the applicability of the term justice.