Justice is no respecter of persons; wealth or status will influence only is it makes a difference in judgement only id it makes a difference in law (for example, in taxation cases or the privilege of a Parliament in libel actions). The idea of a law behind the law, the standard of justice to which positive law must confirm, is exemplified in the immutable and unwritten laws of Heaven. Justice is the Universal law of nature, equally accessible to all men through reason, and human law is the local application of natural law, which is itself an expression of God’s rational will guiding the Universe. Even if one could suppose that God did not exist, one would still be bound by the law of nature, since it is derived from two human qualities of sociability and rationality. Our need of society dictates the minimum conditions for social harmony. Natural law thus came to be regarded as a Universal test to the justice of positive law. Justice is the key and consists in treating equals equally and unequals unequally but in proportion to their relevant differences. This involves, first, the idea of impartiality; the honest judge considers only the features of the case that are relevant in law. #RyanPhillippe 1 of 6
Impartiality implies a kind of equality—not that all cases should be treated alike but that the onus rests on whoever would treat them differently to distinguish them in relevant ways. It is not for a judge to decide the respects in which men are equal but to decide whether the respects in which they are unequal are relevant to the issues in the case. That is what is really meant by the right to equal consideration—to be treated alike unless relevant differences have been proven. These principals are not limited, of course, to the law. Many philosophers would regard it as a characteristic of all moral judgments from prudential judgments, in which the agent assumes a position of privilege. The principles of impartiality is closely related. Is there a general duty to act justly? For a judge this is necessarily entailed by his or her functions. We cannot reasonable expect other people to respect our interest unless we are prepared to respect theirs. A man has grounds for complaint if, should you refuse to do something he asks you to do, he can judge that you have made the same request in his place. #RyanPhillippe 2 of 6
Would it follow, however, that a state powerful enough to get its way against all other states would have no obligation to deal justly with them? The very fact of consciousness implies at least the possibility of someone besides oneself who could be a subject of claims. To recognize the existence of another person would therefore be to acknowledge the initial equality or parity of two subjects standing toward each other in this reciprocal experience relationship. It is doubtful, however, one is entitled to infer from consciousness of another person’s existence a duty to respect the other individual’s interests. Moral reciprocity—doing on to others as one would have then do to oneself and giving them equal return from benefits received—is closely linked to impartiality, for to be impartial between oneself and someone else would mean doing nothing to profit as his expense. From this follows communitive justice which entails ideas such as a fair wage, a just price, and a fair exchange, as opposed to exploitation and profiteering. #RyanPhillippe 3 of 6
For instance, how can one evaluate domestic service without taking for granted a wage structure in which types of work are roughly graded according to accepted standards like skill and responsibility? And for any individual worker the just wage is necessarily related to the idea of the wage for the job. “Got your heart set on me going first, and that is not a fair exchange. And if it is worthy it baby, I will return the favor and give back to you. A fair exchange, on everything, let me tell you that is the way it has got to be. Open your eyes baby, recognize a player give it up to me. A fair exchange, you know the game, we can do the damn thang. And if you are willing, then we can ride until the Sun Shines. Even though you do not deserve it because you walk around acting like you are perfect. Took a while, but I finally got it, and like a boss player, bitch you did not do me no favors, fair exchange,” reports 2pac. Justice considered as reciprocity is often held to require returning evil for evil as much as good for good (lex talionis). In this case, punishment would be paying back what is due. #RyanPhillippe 4 of 6
The natural impulse to retaliate is moralized as a sentiment of justice by confirming it to those cases when the injury is so society at large and whether retaliate justice has a useful deterrent function. However, although the duty of reciprocity may spring from our recognition of other men, just as much as ourselves, as persons with interest and claims deserving of respect, we cannot infer from that a duty to attack their interests whenever they attack either our own or even those of society at large. The principle that a man ought not to be punished for doing what he cannot help creates difficulties when extended to actions which a man could not help doing because of his own state of mind instead of external or contingent factors, like duress or ignorance of fact. An insane man, as is defined as one who did not know what he was doing wrong, cannot be said to choose his act because he cannot know it for what it is. However, sometimes a man may know that what he is doing is wrong yet still be unable to stop himself from doing it. He may be subject, for instance, to an irresistible temptation or provocation. #RyanPhillippe 5 of 6
However, how is that to be understood? A temptation is not irresistible merely because a particular man has yielded to it or even because he might have been expected to yield to it. Nonetheless, a temptation may be so strong that we might expect any ordinary person to yield to it (even through a few people may in fact resist it), or, as one might say, it might be more than human nature can stand. In that sense it may be irresistible. Gradually, I took in every detail. “And then I laugh as we lay back. See I waited until you asleep and that is the pay back. Because you acting like you did something, giving me a piece (of mutton) I had you muffling your screams in the sheets, expletive with me. A true digger that love triggers, a thug expletive. Hustlin’ bitches like drug dealers, before I say goodbye, put an end to all the games. Here is my number for another fair exchange,” reports 2Pac. Some people, of course, find it much more difficult than others to resist temptation. The concept of responsibility requires that human behavior be causally accountable. If you left nothing of that nature behind them, it is impossible [that] he can, upon their account, become the object of punishment or vengeance. #RyanPhillippe 6 of 6
