Sunday, February 13, 2011

Justice or injustice is characteristic of a process

Thomas Sowell, The Quest for Cosmic Justice, page 8.
Cosmic justice is not simply a higher degree of traditional justice, it is a fundamentally different concept. Traditionally, justice or injustice is characteristic of a process. A defendant in a criminal case would be said to have received justice if the trial were conducted as it should be, under fair rules and with the judge and jury being impartial. After such a trial, it could be said that "justice was done" - regardless of whether the outcome was an acquittal or an execution. Conversely, if the trial were conducted in violation of the rules and with a judge or jury showing prejudice against the defendant, this would be considered an unfair or unjust trial - even if the prosecutor failed in the end to get enough jurors to vote to convict an innocent person. In short, traditional justice is about impartial processes rather than either results or prospects.

[snip]

What "social justice" seeks to do is to eliminate understood disadvantages for selected groups.

[snip]

In its pursuit of justice for a segment of society, in disregard of the consequences for society as a whole, what is called "social justice" might more accurately be called anti-social justice, since what consistently gets ignored or dismissed are precisely the costs to society. Such a conception of justice seeks to correct, not only biased or discriminatory acts by individuals or by social institutions, but unmerited disadvantages in general, from whatever source they may arise.

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