I
think this is an important development that helps us to pull together
everything we have said.
I agree with Fred that justice stands in
opposition to arbitrariness. When we agree to act justly, we are
agreeing to reduce arbitrary decision making in several ways:
- Treat equal cases equally on the basis of relevant
characteristics.
- When cases are different, observe a proportion between
differences and benefits or
burdens.
- Commit to giving reasons for our decisions.
- Commit to following the logical implications of our
principles and making decisions with logical consistency.
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And, as Ayesha said, this is a deep connection. This
incompatibility with arbitrary decision making is built into the concept
of justice. It isn't just a fact about how we feel, or something that
happens to be true of the systems of justice that we find appealing.
By the way, I'm glad that some of you are reading Perelman. His
essay De La Justice (or Concerning Justice) is a bit old. He wrote it in 1945. But I
also think that much of what he says about formal justice is still
accepted by many philosophers. He's an excellent place to start
reading about formal justice.
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