> > Does any one know the difference between justice and fairness.
>
> I tried to answer this yesterday, but the two concepts seemed so similar that I could not trust myself to distinguish them properly. Now, after some thought, it seems more clear.
>
> Here's how I would define the two. "Justice" is that every action is met with an appropriate consequence. Good deeds are recognized and rewarded. Bad deeds are recognized and punished.
>
> "Fairness" is that different people taking the same action get the same consequence.
>
> If you live in a society where theft is applauded and condoned in the courts, and you go steal something, and by some anomaly of the legal system, you get punished for the theft, then, in response to YOUR theft, there is justice but not fairness.
>
> If you get off too, like everybody else, then fairness was done but not justice.
>
> If you live in a society that would throw anyone in prison for showing kindness to a stranger, then however unjust the society might be, it's still fair.
>
> Ideally, of course, we strive to have both justice and fairness. Ideally, we would value justice over fairness, lest one injustice set a precedent for permitting more.
>
> Interesting question, J.P. Thanks for inspiring some thought.

OK, here's some more food for thought. Unfortunately, it is very much centered on the US and Canadian justice systems, and my background on both comes mainly from television (I know, I know) but I'll bring it up anyway.

Does the heavy emphasis on "precedent" in court cases put too much of an emphasis on fairness? I see (again, usually on fictional TV programs) many cases where the discovery of a precedent can have a significant impact on the outcome. I am also interested in finding out if real world court cases follow this practice. Does anyone have any information on this? How about justice systems in other nations? How do they work in unusual circumstances, and does the concept of "precedent" play a significant role?

By the way, Sam, I like your answer on the difference between justice and fairness. It was clearly well thought out. I just wish I had come up with it first. :-)

Don "This post moved rapidly from food for thought to questions about justice in general. Oh well" Monkey