 I
like Ayesha's first question: How do we decide which cases are
equal? If we can't decide that, then this rule has no implications, no
impact on what we actually do.
You know that I'm skeptical about general rules in ethics. At
first, this one seemed clear to me. But as I thought about specific
cases, the clarity seemed to dissolve. I don't know how to apply it.
Think of all the cases it needs to cover:
- Suppose I bake a cake and I give away pieces at
random. Am I unjust to those who don't get any because I have
treated equal cases unequally?
- Suppose I give cake only to my friends. Am I unjust to
the others? Or does
the fact that someone is my friend make her case different from a
non-friend? And is it therefore perfectly just for me to treat her
differently?
- Suppose I want to celebrate the achievements of the civil rights
movement, so I give cake only to the African Americans I know. Am
I unjust to whites?
- Suppose I don't like black people, so I give cake only to
whites. Am I unjust to blacks? Does my attitude matter?
- Suppose a teacher at the local public school
gives out cake to her students. She gives large pieces to
the girls and small pieces to the boys. Is she
being unjust? Is the case of the girls the same as that of the
boys? Or does the fact that someone is a girl make her case
different in a way that justifies giving her a larger piece? Does
the fact that the school is a public school matter?
- Suppose the judge in a court of law gives longer sentences to short people.
Is he being unjust?
- Suppose an employer pays one man $10/hour and another $12/hour
for the same work. But the second man has four children and the
first has none. Is the employer unjust? What if he pays the second man more
because he tries harder even though their output is the same?
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How do I decide when cases are equal and hence
deserving of equal benefits and burdens?
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