I
want to add something that relates Rawls to what we said in our first
session.
Rawls makes a few comments on formal justice. He even refers to
Chaim Perelman as a source. He says that "If we think of justice
as always expressing a kind of equality, then formal justice requires
that in their administration laws and institutions should apply
equally (that is in the same way) to whose belonging to the classes
defined by them." (Theory, section #10)
And then he adds later that "Treating similar cases
similarly is not a sufficient guarantee of substantive justice. This
depends upon the principles in accordance with which the basic
structure is framed." (Theory, section
#10)
So I think that what Rawls is doing fits right into what we said
last time. Formal justice -- treating equal cases equally -- will only
get us so far. Rawls wants to go beyond formal justice and add
substantive principles of justice.
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