My sons online charter school is discussing justice and they are defining justice and fairness, here are my thoughts. I welcome your comments:
Definitions of justice on the Web:
the quality of being just or fair
judgment involved in the determination of rights and the assignment of rewards and punishments
Definitions of fairness on the Web:
conformity with rules or standards; “the judge recognized the fairness of my claim”
ability to make judgments free from discrimination or dishonesty
webster defines fair as:
6 a : marked by impartiality and honesty : free from self-interest, prejudice, or favoritism b (1) : conforming with the established rules :allowed (2) : consonant with merit or importance : due c : open to legitimate pursuit, attack, or ridicule
Main Entry: jus·tice
Pronunciation: \ˈjəs-təs\
Function: noun
Etymology: Middle English, from Anglo-French justise, from Latin justitia, from justus
Date: 12th century
1 a : the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments b : judgec : the administration of law; especially : the establishment or determination of rights according to the rules of law or equity
2 a : the quality of being just, impartial, or fair b (1) : the principle or ideal of just dealing or right action (2) : conformity to this principle or ideal : righteousness c : the quality of conforming to law
3 : conformity to truth, fact, or reason : correctness
The definitions of Justice and fairness are almost the same, however there is an essential difference. Particularly the assignment of merited rewards or punishments.
When a judge has to determine what is a merited reward or punishment, then while that is Justice, it is not always fair.
Justice, in terms used today, is the application of rules or laws. And the resultant punishment or rewards for breaking or upholding said rules and laws.
A judge often must hand out punishment based on what a law says is merited instead of what is actually merited. An example can be found in this story: http://www.theagitator.com/2009/09/28/hoosier-grandmother-arrested-for-purchasing-cold-medication/.
Admittedly, this woman broke the law, and as the attorney general of Indiana states, ignorance of the law is not an excuse. However, I don’t know of anyone who feels that this “Just” application of the law was “fair”
A more current example can be found here: http://www.cbsnews.com/stories/2010/02/05/national/main6177041.shtml A 12 year old girl doodled on her desk. Is this wrong absolutely! Is it fair for her to damage the property owned by the school (though if the truth be told she was using an erasable marker (according to the news)? Of course it’s not fair. However is it justice for her to be handcuffed and marched off to jail, subjected to emotional trauma, and then assigned community service as well? No. She should have been punished, certainly should have been made to clean the desk, and probably all the desks in her classrom. She perhaps should have been given detention. However This application of “fairness” was certainly not Justice.
As a result it concerns me when we define justice in terms of fairness. Nor should we define justice in terms of what is right. Justice, alas is applied by fallible man and as a result it can not always be fair, nor is it always right. The “Jim Crow” laws of the pre-60’s come to mind. They were legal and “Just,” however, they were not right nor fair. As a result we need to teach our children to look at not only what is just but what is right.
The IDEA of Justice is absolute fairness, and the IDEA of Fairness is Justice, however when applied to any system of Man, due to the fallible nature of man, these IDEAS can then no longer be fair.
Our justice system is built on the concept that justice is blind, and being blind, justice is always fair. And if the IDEA of justice could be applied without the opinions of man then justice could be fair. However since we can not apply justice without the thoughts and opinions of man entering in, I don’t think we can equate justice and fairness.
