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I'm not
sure Young is fair to the philosophers who defend impartiality.
First of all, I think we all agree that some differences between
people and cases are relevant to justice and some are not. We don't
want the police or the courts to make decisions on the basis of who
is black and who is white, do we?
Secondly, the philosophers who speak of impartiality do not deny
that there are relevant differences between cases. They all agree
that relevant differences are to be considered and may well require
different treatment. It's a mistake to think that they are saying
that all cases must be treated alike. They aren't
trying to reduce everything to unity as Young suggests.
But once we admit these things, we are forced to ask which
characteristics or which differences are morally relevant and which
are not. In other words, we are forced back to the kind of
theorizing that Young criticizes.
Young may reply that all of this only applies to the realm of law and
public policy. Maybe so, but isn't that exactly what we are
concerned about when we argue about
justice?
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