If we have a clear theoretical context, then we can say which equal
or unequal treatment is appropriate. The rule that we should treat equal
cases equally and unequal cases unequally does not, by itself, give us
an answer.
OK. Let me say more. Suppose that our theory of justice includes
the following:
- The rationale for establishing any system of justice in
society
- The rationale for the specific theory proposed
- The basic rationale for treating cases equally or
unequally
- Other principles of justice that may have to do with
rights or needs or the common good.
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I think that if we have all the things listed, then we can decide not only
which features of the situation are relevant, but we can also decide which
equal or unequal treatment justice requires.
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