Monday, April 07, 2003

I rewritten my post on from 4/5 a bit. The parallel between objectivity and justice did not work.

"More importantly, objectivity should not - can not - be a policy any more than justice can, or should, be. Objectivity is an illusion. Truth, however, is not. Like justice, truth is a GOAL. When we defend both we defend a process, not an isolated, and perhaps erroneous result. To have justice as a policy is to define it in ways that can not be done without eventually doing it harm. [Scalia, for example, does just that.] In times of crisis - a court being a place that is only used during a crisis- neither Kleiman nor I would want a lawyer who declares himself neutral, any more then we would want someone to legislate what is or is not true."

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