I
think the general rule "Treat equal cases equally" may help
us; but I also think it leaves a lot of questions unanswered. Consider
these questions, for example:
- How do we decide which cases are equal?
- What counts as equal treatment? In other words, how do we decide when treatment is
equal?
- What kind of a statement is 'Treat equal cases equally'?
- To what extent does the requirement that we treat equal cases equally
answer our main question: "What is justice?"
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I think we should consider this list of questions. Maybe they can
give us a framework for our discussion.
I could think of a dozen questions here: Who or what is bound by
this rule? What sort of warrant is there for this rule? Is this the
only principle of justice, or are there others?
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