Abraham Moses Genen <futurist@frontiernet.net> On Tue, 30 Dec 1997 Wrote:
>The current civil legal system (and/or justice system) is
>theoretically based primarily on the perception or goal of
>individual equity in jurisprudence
You're right, our current "justice" system is based on equality, that's why
it produces very little justice. A virtue is something that should be
maximized and that's why equality is not a virtue, unlike knowledge or
intelligence or happiness or justice you can have too much equality.
>true equity resolutions necessary for the creation of an ideal
>social order are best focused on relieving (or eliminating) a society
>of as many of the inequities that exist among its members as may be
>possible.
Now why would you want to say a silly thing like that? Equal justice for all
is a terrible idea because then justice would become a public good and nobody
would get much of it. A public good is something beneficial that because of
it's nature must be provided to the entire public or it can't be provided at
all. Universal clean air and water are 2 examples of a public good and we
don't have universal clean air or water. A good law is also a public good and
that is exactly why good laws are as rare as hen's teeth when government
makes the laws. A true public good is impossible to produce in quantity under
any system. Justice is no different than anything else, if you want to
maximize it, make it a commodity and sell it on the free market. A good car
is not a public good, it's a private good, even if everybody doesn't have one,
even if I'm the only one on earth who has one, it's still a good car. The way
society is currently set up, private law is not allowed so a good law is
always a public good, everybody must obey exactly the same good law. That's
why there are so many more good cars than good laws. This also explains why
governments don't legislate themselves out of existence, doing so would be a
public good.
John K Clark johnkc@well.com
-----BEGIN PGP SIGNATURE-----
Version: 2.6.i
iQCzAgUBNKnVwH03wfSpid95AQHxdwTuIoPH8W2VHfJ+6uDd3yGlu+1/RhnldLIK
ycfdmiCBAaQJ5QewSwpbx+iZC4nfzswgOvXuFtxA64RVhdutk7hdmGKhtNY+xR+/
RDiKYJ7qhzqZdj45lBUzOzw97C5tDi4tJqtz6U3KokjRnp5ANyezHthRmt+u15JG
7AG59JrTMefppWH9+lDEOKeKP5dSgVI7K7735OHsSV/SKggIdJ0=
=/cdo
-----END PGP SIGNATURE-----