View Single Post
Old 2013-01-18, 16:55   Link #38
I'm not a tumor
Join Date: Jul 2009
Location: In the dreams of beautiful women
Age: 26
Originally Posted by DonQuigleone View Post
A sufficiently small society does not need a rigid system of law to govern itself, as everyone will largely know everyone else, and social pressures can be used to enforce conformity. But even that society will still have a "law", except it will be largely unwritten.

While such societies can often live harmoniously for long periods, if some kind of dispute arises between two factions it can often lead to escalating and ultimately ... murderous consequences, as no one has defined a regular set of penalties, so people will keep seeking revenge against one another.

But I disagree that the law is "unfair". It's the definition of fairness. Everyone gets what is due to them, and everyone is equal before it. I can't really think of any better definition then that for "fairness".
Law intends to establish fairness in society but there are so many instances where the execution of it is both unequal and unfair. Don't get me wrong though, I'm not demanding a perfect system where theres 100% fairness all round, just trying to explain that there are instance of lawful justice being unequal and unfair. Fairness is a concept and law is a system. Although related, I don't see them as being one in the same.

Maybe this boils down to defining fairness? Of course each definition will differ depending on what derives from your philosophical/political foundation of thought. I believe in practical equitable outcomes...but I know that school of thought isn't too popular these days...
solidguy is offline   Reply With Quote