Wait.
I don't think we should dump the whole project. I want
to go back to something I said before.
I think that the point of saying that we must treat equal cases
equally is to eliminate one form of arbitrariness. And that may give
us us a very important insight into the nature or essence of justice.
It seems to me that
the essence of justice is getting away from arbitrary rule or
arbitrary decisions. Treating equal cases equally is one form that
this takes; and there are others, too.
I think we ought to focus on this for a minute because, in my
opinion, it's really important.
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