Tuesday, August 23, 2016

Law, Fairness and Duterte

Morning thought bubbles
*your thoughts are solicited*

Should the law apply equally to all even to this criminal? The UN agrees with death penalty only for egregious crime against mankind (Hitler would be a candidate).
But what is egregious?

My initial thought is that law abiding citizens must benefit first from the law; drug addicts have forfeited their principal privilege.
But what is law abiding?

I think law and fairness are two different things.
Law focuses on institutional limits and freedoms.
Fairness on an actor's decision.
The former (law) feels safer; it is less in danger of being abused. The latter (fairness), can easily slip to tyranny amd arbitrariness.

However, it is fairness, NOT law, that we seek so deeply.

Humans approximate fairness in form of law, and it fails miserably.  Leaders try to be fair, and find themselves turning into tyrants.

Where does this paradox leave us?