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Justice As “Fairness” Reified: Lessons From The South African Constitutional Court

PAQ, Vol. 38 No. 4, (2014)

John Rawls’ conceptions of the development of a moral society provide a framework for analyzing institutional roles and processes. This article explores the intersection of the theoretical frameworks of Rawls in relation to the evolution of the South African Constitutional Court. The court is an institution that grew out of the post-apartheid-era interests around ensuring notions of equity and justice in all segments of South African society – and as a result provides a case for examining some of the notions articulated by Rawls as an institutional reification of concepts underlying his notion of justice as fairness.

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