{"id":5085,"date":"2021-10-21T13:30:13","date_gmt":"2021-10-21T11:30:13","guid":{"rendered":"http:\/\/icar.cnrs.fr\/dicoplantin\/?p=5085"},"modified":"2025-06-16T11:57:09","modified_gmt":"2025-06-16T09:57:09","slug":"justice-rule-of-e","status":"publish","type":"post","link":"https:\/\/icar.cnrs.fr\/dicoplantin\/justice-rule-of-e\/","title":{"rendered":"Justice: Rule of \u2014\u00a0"},"content":{"rendered":"

Rule of JUSTICE<\/span><\/h1>\n

Perelman and Olbrechts-Tyteca introduce the rule of justice as a fundamental argumentative principle: \u201cAll beings of the same category must be treated the same.<\/em>\u201d<\/span><\/strong>
\nThis rule governs the distribution of benefits: \u201cTo each according to his merit, his birth, his merits<\/em>\u201d (Perelman [1963], p. 26).<\/p>\n

This rule underlies claims such as \u201cequal pay for equal work.<\/em>\u201d It involves the following operations:<\/p>\n

(1) A categorization <\/strong>\u2014\u00a0First, individuals are categorized as members of a general category,<\/span> \u201cto be born<\/em>\u201d; \u201cto have needs<\/em>\u201d; \u201cto have merit<\/em>\u201d (acknowledging that one can deserve a punishment and that having demerit is having negative merit); \u201cto be an employee, who has worked such-and-such hours and produced such-and-such valuable products.\u201d<\/em>
\nGeneral rights and duties can be defined with reference to this first level; \u201cAll human beings have the same right to life.<\/em>\u201d The following practice refers to a strict a pari<\/em> argument, classifying thieves as a non-hierarchical category: \u201cA thief is a thief<\/em>\u201d<\/span>.<\/p>\n

General Baclay was quite the character\u2013a funny woman, very just in her own way. She shot women and men alike\u2013all thieves\u2013whether they stole a needle or an ox. A thief is a thief and they were all shot. It was just.
\nAhmadou Kourouma, Allah is not obligated<\/em>. 2000.[1]<\/a><\/p>\n

(2) An equality relation and a hierarchy<\/strong> \u2014 Second, there is an equality<\/strong> relation<\/em><\/span> defined as \u201cequality of birth, needs, merits, work.<\/em>\u201d
\nA hierarchy<\/strong> of individuals<\/span> is derived from this relationship: \u201cP<\/strong> has worked as much as <\/em>Q<\/strong> or<\/em> R…<\/strong>; more than<\/em> A<\/strong> or<\/em> B…<\/strong>; less than<\/em> X<\/strong> or<\/em> Y…<\/strong>\u201d.<\/p>\n

Such equipped categories can be represented on oriented scales<\/a>. The position of an individual on this scale can be discussed: \u201cDoes X<\/strong> have more\/less merit than<\/em> Y<\/strong>?<\/em>\u201d
\nThis metric<\/span> is easy to define in cases of work. For example, it can be determined by the weight of the fruit picked from the trees. However, things become more complicated when it comes to scientific production, or when it comes to needs and merits. In any case, criteria must be established to prioritize to one person over another.<\/p>\n

(3) A corresponding allocation scale<\/strong> \u2014 Another ranking method must be established in order to define the parallel scales of sanctions and rewards. For example,<\/span> what is the appropriate wage for that level of work?<\/em>.
\nThen, the two scales must be coupled.<\/p>\n

These two independent valuations ((2) and (3)) make the rule of justice more complex than an a pari<\/em><\/a> argument. An a\u00a0pari<\/em> argument holds that \u201cwork must pay.<\/em>\u201d If P<\/strong> works, then P<\/strong> has a right to be paid for that work (unless P<\/strong> is a volunteer working for a nonprofit organization. The rule of justice connects two graduated scales.<\/p>\n

Furthermore, it is assumed that the rule of justice is applied to all group members in a linear order. Actual rules include thresholds.<\/span> For example, with respect to the level of taxation, the rule \u201cto each according to his or her income<\/em>\u201d applies only above a certain threshold, and incorporates tax brackets and smoothing principles.<\/p>\n

Other categories can be considered, showing that the rule of justice can be used to justify injustice:<\/span><\/p>\n

To each according to their sex.<\/span>
\nTo each according to their color.<\/span><\/p>\n

The rule of justice excludes arbitrariness, but not injustice<\/span>. According to the principle of \u201cfavor disfavor<\/em>\u201d, the rule of justice, necessarily creates innumerable injustices. When the benefits are distributed according to merit<\/em>, they are not distributed according to birth<\/em> or need<\/em>.
\nThe rule of justice is said to be \u201cjust\u201d because it excludes the arbitrariness of the principle \u201cto each according to my convenience<\/em>\u201d<\/span>; and because the categories with their corresponding hierarchy and the allocation scale have been defined by disregarding the cases to be judged. Thus, \u201cthe decision is just because the rule existed before your case<\/em><\/span>. This \u201cjustice\u201d is formally just because it allows the application of the legal syllogism.<\/p>\n

\n

[1]<\/a> Ahmadou Kourouma, Allah n’est pas oblig\u00e9.<\/em> Paris: Le Seuil, p. 111.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Rule of JUSTICE Perelman and Olbrechts-Tyteca introduce the rule of justice as a fundamental argumentative principle: \u201cAll beings of the same category must be treated the same.\u201d This rule governs the distribution of benefits: \u201cTo each according to his merit, his birth, his merits\u201d (Perelman [1963], p. 26). This rule underlies claims such as \u201cequal […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-5085","post","type-post","status-publish","format-standard","hentry","category-non-classe"],"_links":{"self":[{"href":"https:\/\/icar.cnrs.fr\/dicoplantin\/wp-json\/wp\/v2\/posts\/5085","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/icar.cnrs.fr\/dicoplantin\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/icar.cnrs.fr\/dicoplantin\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/icar.cnrs.fr\/dicoplantin\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/icar.cnrs.fr\/dicoplantin\/wp-json\/wp\/v2\/comments?post=5085"}],"version-history":[{"count":15,"href":"https:\/\/icar.cnrs.fr\/dicoplantin\/wp-json\/wp\/v2\/posts\/5085\/revisions"}],"predecessor-version":[{"id":14375,"href":"https:\/\/icar.cnrs.fr\/dicoplantin\/wp-json\/wp\/v2\/posts\/5085\/revisions\/14375"}],"wp:attachment":[{"href":"https:\/\/icar.cnrs.fr\/dicoplantin\/wp-json\/wp\/v2\/media?parent=5085"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/icar.cnrs.fr\/dicoplantin\/wp-json\/wp\/v2\/categories?post=5085"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/icar.cnrs.fr\/dicoplantin\/wp-json\/wp\/v2\/tags?post=5085"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}