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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: MulhollandDrive who wrote (105709)3/24/2005 8:56:17 AM
From: Lane3  Read Replies (3) | Respond to of 793698
 
,it feels to me that the only thing these appellate courts have been concerned with is PROCESS

important though that may be

our judicial system should be about ultimately be about JUSTICE


Good point. But what is important to understand is that, for the government, justice IS process. That's why they talk about "due process." If you think about it enough, you realize that, while imperfect, that's the only way it can be.

Let me give you an example from my experience, a simple scenario. Consider a performance management system in the workplace. You can ask any employee what justice means in that context and he would tell you that it's him getting an outstanding rating and a big bonus and his nemesis get his comeuppance. Obviously, in that scenario, everyone can't get what he considers justice. So fairness comes to be defined as setting up a process with standards, rules, and an appeal mechanism and insuring that the process is followed meticulously. I, personally, found that hard to get my head around because apparent errors occur, but I can't come up with an alternative. We sure don't want everything to be done arbitrarily and ad hoc. That might result in better justice in isolated cases, but it does not optimize justice overall, plus it would result in lots of big time injustice. This way at least everyone knows the rules and that they will be applied consistently. That's as close as societies can get to perfect justice.



To: MulhollandDrive who wrote (105709)3/24/2005 9:07:35 AM
From: Tom Clarke  Respond to of 793698
 
Bravo! Very well said.



To: MulhollandDrive who wrote (105709)3/24/2005 10:04:11 AM
From: DMaA  Respond to of 793698
 
You can manage justice and compassion on a scale of about 200 people or less - about the number you can know personally. When you are dealing with 250 million people, process is the best you can hope for.

This is why we have to be so careful about passing responsibility up.



To: MulhollandDrive who wrote (105709)3/24/2005 1:45:05 PM
From: D. Long  Read Replies (1) | Respond to of 793698
 
watching this from a distance,it feels to me that the only thing these appellate courts have been concerned with is PROCESS

That's all appellate courts do. Appeals courts don't review factual findings. They review for errors of law.

Derek