I
want to make a connection to what we were talking about in our first
session. We talked about "treating equal cases equally" as a
formal principle of justice, and we referred to Chaim Perelman's essay
on justice.
Rawls accepts the idea that the principles of justice
must treat equal cases equally. He even refers to Chaim Perelman on
this point. He also agrees that this kind of "formal
justice" is not sufficient to guarantee "substantive
justice." That's just what we said in our last session.
He is trying to tell us that formal justice
must be supplemented by additional principles, and the original
position he describes is part of the procedure for choosing those
principles.
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