JUSTICE IN ROBES

"IT IS IMPORTANT TO DECIDE WHETHER MORAL CRITERIA ARE EVER, AND IF SO WHEN, AMONG THE TRUTH CONDITIONS OF PROPOSITIONS OF LAW: THE CONDITIONS THAT MUST HOLD TO MAKE SUCH A PROPOSITION TRUE""ANY ADEQUATE ACCOUNT OF THE ASPIRATIONAL CONCEPT - OF THE VALUES OF LEGALITY AND THE RULE OF LAW - MUST GIVE A PROMINENT PLACE TO THE IDEAL OF POLITICAL INTEGRITY, THAT IS, TO THE PRINCIPLE THAT A STATE SHOULD TRY SO FAR AS POSSIBLE TO GOVERN THROUGH A COHERENT SET OF POLITICAL PRINCIPLES WHOSE BENEFIT IT EXTENDS TO ALL CITIZENS RECOGNIZING AND STRIVING FOR THAT DIMENSION OF EQUALITY IS I THINK, ESSENTIAL TO THE LEGITIMIZATION OF STATE COERECIVE POWER""NOTHING IS EASIER THAN COMPOSING DEFINITIONS OF LIBERTY, EQUALITY, DEMOCRACY, COMMUNITY, AND JUSTICE THAT CONFLICT WITH ONE ANOTHER BUT NOT MUCH, IN PHILOSOPHY, IS HARDER THAN SHOWING WHY THESE ARE THE DEFINITIONS THAT WE SHOULD ACCEPT""OUR GREAT EXPERIMENT AS A NATION, OUR COUNTRYS MOST FUNDAMENTAL CONTRIBUTION TO POLITICAL MORALITY, IS A GREAT IDEA TRIANGULATED BY THE FOLLOWING PROPOSITIONS FIRST, DEMOCRACY IS NOT SIMPLE MAJORITY RULE, BUT A PARTNERSHIP IN SELF-GOVERNMENT SECOND, THAT PARTNERSHIP IS STRUCTURED AND MADE POSSIBLE BY A MORAL CONSTITUTION GUARANTEEING TO INDIVIDUALS ONE BY ONE THE PREREQUISITES OF FULL MEMBERSHIP THIRD, WE ARE COMMITTED BY OUR HISTORY TO AN INSTITUTIONAL STRATEGY OF ASKING JUDGES - MEN AND WOMEN TRAINED IN THE LAW - TO ENFORCE THOSE GUARANTEES OF EQUAL CITIZENSHIP"