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Jan Dirk Harke
At first glance, the function that Kant ascribes to iustitia distributiva in private law is simply to facilitate the judge's decision by cutting off disputes on difficult matters of fact. But only one of the four examples that Kant gives in order to illustrate the effects of distributive justice is a case in which there are two equally founded solutions available and Kant declares the easier one to be prevailing on the grounds of iustitia distributiva. In the three other cases the solution assigned to distributive justice is not merely facilitating the jugdement, but is also the systematic one and opposed to a solution which has no basis in fundamental private law rules. Iustitia distributiva, thus, works through, and not against, private law system. The guideline for the distribution of rights is dogmatics, not equity.
