 |
| Replies |
 Ann (main path) |
 Ayesha |
 Fred |
 Source Document |
| Relevant Differences |
| John
Speaking
|
 It
seems to me that all these cases point to the same conclusion: If we
are trying to decide which cases are equal, we have got to decide
first which characteristics are relevant to making that determination.
If we don't do that, we are in for some big trouble.
For one thing, there are always SOME differences and SOME similarities between any two cases. If just any difference mattered, then there wouldn't be any equal cases at all. If just any similarity mattered, we would end up saying that all cases are equal. So we have to make some decisions. If need is relevant, then perhaps the two men who do the same work should be treated differently because one has more children to support. If gender is relevant, then perhaps a man and a woman doing the same work should be treated differently. If common sense is any guide, there are lots of differences that none of us think should count. The case of the judge giving longer sentences to short people is an example. Under ordinary circumstances, height would never be relevant to determining whether cases are the same or different in so far as justice is concerned. Which differences are the relevant differences when we are talking about justice? |
| Ariadne's Home | Contact Ariadne at: | Justice Home |
| Justice Bibliography |  |
Justice Contents |
|
||