Re: justice vs fairness
Sentry, on host 207.10.37.225
Wednesday, February 7, 2001, at 06:03:40
Re: justice vs fairness posted by Darien on Wednesday, February 7, 2001, at 05:29:17:
> > Does any one know the difference between justice and fairness. > > I doubt it. I mean, I think everyone likely has a vague idea that there *is* a difference, and of what it might be, but I don't think anyone can truly say for certain - and irrefutably - what that may be. > > Plato, through his mouthpiece Socrates, frequently explores the nature of such things as Justice. Socrates, the wisest man in all of Athens (according to the god Apollo, anyhow, and 'e don't lie), does not know what justice is. All of Socrates' interlocutors, whether as initially brash as Euthyphro or as smooth as Gorgias, untimately fail to define it (or whatever component of areté is currently being explored). As such, I find it hard to believe that anyone nowadays truly knows what justice is (though if anyone *can* prove me wrong, I shall stand corrected). Since justice is not truly understood, I don't believe any "how does it differ from..." can be truly informative. > > Fairness has a similar problem - it's difficult to define what "fair" is. However, I have trouble accepting that, unlike justice, there is a universal standard of "fairness." Fairness appears to be a more subjective quality, and I suppose one could pick that out as *a* difference, though not "the" difference. > > Brunnen-G's example from Les Miserables is an interesting choice, but I believe it to be flawed. First, she says it's "fair" that Valjean doesn't go back to jail, since he's a good guy. But is that fair to the people from whom he stole?
Valjean served something like 10 years or more hard labor and then was put on 'parol' which means he was kicked out of prison, but since he has to show his papers (with his criminal record) no one would give him a job so he was starveing to death. No one would forgive him what he had done over a decade ago (he had stolen one loaf of bread) except one Bishop. After that he broke parol. So Javert (the cop in the tale) starts to pursue him.
Similarly, she says that justice is for Valjean to be sent back to jail, since that is "the LAW." But are we to believe that justice is nothing more than doing what is according to the law?
Obviosuly not, but I think this is the 'Justice is Blind' motife. According to Justice Valjean should go back to jail for breaking parol, since that is what happens to anyone who breaks parol, no mater the extenuating circumstances. Justice just deals with the fact Valjean broke parol, reasons are not considered. To be Fair, one must take Valjean's reasons into consideration.
At least thats how I see it.
> Dar "Xenophonia" ien
Sen'trys to be Fair and Just'try
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