I
agree with you on this. Arbitrariness and justice are incompatible.
And I think the incompatibility runs deep. It is part of the concept
of justice that it is opposed to arbitrariness.
The philosopher Chaim Perelman talks a lot about this. He points
out that not only do we think that equal cases should be treated
equally, but when cases are unequal, there should be a certain proportionality between
the difference between cases and the difference between the benefits or burdens
they merit.
For example, if one man steals $100 and is given a year in prison
and another man steals $100,000 and is given 18 months, we say that
the proper proportion has not been observed. The difference between
the cases and the difference between the burdens is not the same. And
because of this lack of sameness or proportion, we would say that the
decisions were unjust.
Again, trying to achieve this proportionality is a way of trying to
eliminate arbitrariness from decisions.
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