Abstract

The paper inquires the plausibility to configure the distributive and commutative Justice as benevolence. This is a method to choose the social basic organization and to resolve individual conflicts through a rule-consequentialist approach to realize the best combination of the individual autonomy as an optimal state of affairs to achieve and that respects equality. Rights and duties are instrumental conceptual elements of the normative and judicial reasoning and they become specific and stable in the end of evaluative practical reasoning therefore they should be qualified as “prima facieµ.