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Law from a legal assistant’s point of view, week 17: Fairness

By Quinton Lister, legal assistant

Before I started working as a legal assistant I was a philosophy major at BYU. During that time I read a portion of John Rawls treatise on justice. Mr. Rawls sought to equate justice with fairness. I would try and summarize what he meant by that, but unfortunately, I am far enough removed from my studies in philosophy that I could not give an accurate representation of what Rawls was saying in his writings. The reason that I bring it up now is that I have recently been contemplating what it means for an outcome to be fair. 

One issue I have seen since I started my current job is that many clients and potential clients have an idea of what they think is fair, but they do not see that their view does not align with what is fair according to the law. They have a specific expectation in mind about what should happen in their case, but when that expectation is not met, it means that what they did receive from the court is, in their view, not fair. Not getting what one wants is not an objective standard by which one can deem a particular effect as unfair. We all experience disappointment in life. In that sense, the fact that all of us experience some type of “unfairness” in our lives is, frankly, fair. I am not sure what constitutes fairness, I am not sure anyone does. But I know that it cannot just be getting what one wants. 

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