I
read more anthropology than philosophy. But it seems to me that what
Dee and Fred and John are all saying is that the statement
Treat equal cases equally
is not analytic. It is not a necessary truth. But the statement
Justice implies that we treat equal cases equally
is analytic. In other words, treating equal cases equally is an
intrinsic part of justice.
If we had a system that allocated burdens and benefits at random,
we couldn't say that it was a system of justice because it ignores the
whole idea that there are relevant reasons to treat some cases
differently.
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