We
started out trying to understand the rule:
Treat Equal Cases Equally
Then we realized that it was difficult to decide which cases were
equal because there were always similarities and differences
between cases. That led to the following question:
Which similarities and differences are relevant?
Some people claim that race is relevant to at least some questions
of justice. Some claim that sex is relevant. Others claim that merit
or need is relevant. I want to step back for a minute and ask a question about
these claims -- a sort of meta-question. I'm wondering just what kind of
claims these are.
Are these scientific claims? Are they moral claims? Are they
logical claims? Are they sometimes moral and sometimes scientific
claims? Are they something else entirely?
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