What is social justice? A new history of its meaning in the transnational legal discourse

Abstract

Based on an analysis from legal history, this paper seeks to prove the existence of a meaning of social justice in the current transnational legal discourse that can be synthetized in the warranty of these three elements: Social Rule of Law, human dignity, and equal opportunities. Thus, it aims to overcome the mere study of theories of justice drawn up by trendy philosophers like John Ralws when addressing the problem on how to Understand and achieve social justice, specially, in constitutional law. Finally, with the help of some brief case studies, the author hopes to provide a minimum framework useful to Understand how social justice can be realized through law.