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I agree with you that the differences must be relevant.

I say that for a particular reason. One of the things that everyone agrees to is that justice stands opposed to ARBITRARY decisions or ARBITRARY rule.

If you go back and read John Locke's second treatise of government, he repeatedly attacks arbitrary rule in all its forms: arbitrary government, arbitrary control of husbands over wives, slavery, and more. On this point, I think he is as important today as ever.