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The Structure of LibertyJustice and the Rule of Law$
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Randy E. Barnett

Print publication date: 2000

Print ISBN-13: 9780198297291

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0198297297.001.0001

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The Compliance Problem

The Compliance Problem

(p.168) Nine The Compliance Problem
The Structure of Liberty

Randy E. Barnett

Oxford University Press

The compliance problem concerns conduct that conflicts with the rights that define justice or the requirements of the rule of law; it is the need to close the gap between the conduct that justice and the rule of law requires and what people perceive to be in their interest to do. Though some perceptions of conflict between justice and interest are illusory and can be resolved by a better appreciation of one's true interest or the limits of justice, genuine gaps between justice and interest can be caused by emergency conditions or by the desire for pecuniary gain or psychological gain. Usually, the gap between justice and interest is closed by the processes of socialization. Residual gaps between justice and interest can be ameliorated by the use or threatened use of force or power in advance of, during (by self‐defence), or after a rights violation. How a system of restitution could be implemented as an alternative to punishment is examined.

Keywords:   compliance problem, force, justice, punishment, restitution, rights, rule of law, self‐defence, socialization

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