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re: How did the framers understand or define justice?

Posted on 7/20/26 at 7:51 pm to
Posted by 4cubbies
Member since Sep 2008
62470 posts
Posted on 7/20/26 at 7:51 pm to
quote:

Because of all these government institutions, people have far less incentives to care about their neighbors. "Well, government should take care of x, so I can pretend to care about it, but do nothing about it myself". Not saying you, I'm just saying that's the mindset that easily creeps in when someone else is "responsible".


I don’t know that this mindset can really be traced back to libraries or public parks though.

quote:

Rothbard had a great quote about this; "No action can be virtuous unless it's freely chosen". I'm sure you've seen all over society people who believe it's "virtue" to have "charity" through government force. That's how upside down government has people looking at society.
I see it more as the privileged have outsourced their/our social responsibility to the government.
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
92087 posts
Posted on 7/20/26 at 7:52 pm to
Social responsibility!
Posted by stuntman
Florida
Member since Jan 2013
11089 posts
Posted on 7/20/26 at 8:13 pm to
quote:

I don’t know that this mindset can really be traced back to libraries or public parks though.


Private libraries were the norm before government got involved. Private parks are the same kind of story, although public parks were around at the same time.

quote:

I see it more as the privileged have outsourced their/our social responsibility to the government.


A few things on this one. I don't think there's such a thing as "social responsibility", unless you're talking about not harming/defrauding others. I also don't think that the "privileged" are behind this, even though they clearly have a lot of say in government policy. Governments always want more power. What better way to do that than to have people depending on you for services and sustinance?
Posted by beerJeep
Louisiana
Member since Nov 2016
39024 posts
Posted on 7/20/26 at 8:25 pm to
Nothing still?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
140624 posts
Posted on 7/20/26 at 8:27 pm to
quote:

How did the framers understand or define justice?
Assuming you are talking about attendees of the Constitutional Convention, their understanding, and definition was undoubtedly every bit as varied as that of individuals in this thread. The output was a negotiated compromise amongst those participants. What it meant or defined as justice, is laid out in writing within the Constitution itself.
Posted by Wolfwireless
Member since Aug 2024
4932 posts
Posted on 7/20/26 at 8:28 pm to
quote:

How can a government prove that rights preexist government?

Neutral answer.

A government cannot. The people of a land do.
Hence, why we have a constitution.
Posted by Wolfwireless
Member since Aug 2024
4932 posts
Posted on 7/20/26 at 8:37 pm to
quote:

Perhaps you should reconsider the value of an "85" year old persons wisdom.
This may come as a shock to you, but there exist people with little to no education who possess wisdom you can never hope to achieve.
My ex wifes grandfather was such a person. A 6th grade education, yet the wisest and most intelligent man Ive ever met.

Well said.
Indeed, wisdom doesn't come from formal education. It comes through living. Experiencing. Learning from the actions of ourselves and others.
Posted by Wolfwireless
Member since Aug 2024
4932 posts
Posted on 7/20/26 at 8:39 pm to
quote:

There is your problem. There is a reason Lady Justice is blindfolded. Just as The Framers intended for there to be impartiality and equal protection under the law.

Any disagreement you have with that falls to your preconceived issues, not the Legal system.

This is not an argument with you. Don't misunderstand.

In the Founder's minds, justice was absolutely intended to be blind.
It's the failings of men that don't hold up to the intent.
Posted by Wolfwireless
Member since Aug 2024
4932 posts
Posted on 7/20/26 at 8:44 pm to
quote:

Just take a look at how the constitution is framed. The founders weren’t all that concerned with delivering justice. They were far more worried about preventing, or providing a remedy to, INJUSTICE. If you’re curious about how they defined injustice, take a look at the declaration and the constitution - most certainly the Bill of Rights, but also the constitutional articles as well. These documents provide a laundry list of things they were worried about.


Best post so far.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
140624 posts
Posted on 7/20/26 at 8:57 pm to
quote:

They were far more worried about preventing, or providing a remedy to, INJUSTICE
---
Best post so far.
Indeed.
It is a well considered perspective.

Except with regard to the framers, and insofar as the 3/5ths compromise (emphasis on compromise) exists, the "best post so far" lumps the framers, rather than their product, together
Posted by Cromulent
Down the Bayou
Member since Oct 2016
3428 posts
Posted on 7/20/26 at 9:01 pm to
Shouldn't you be asking your public defender alter ego, SFP?
Posted by 4cubbies
Member since Sep 2008
62470 posts
Posted on 7/20/26 at 9:38 pm to
quote:

I don't think there's such a thing as "social responsibility", unless you're talking about not harming/defrauding others


No social responsibility beyond the responsibility to respect other people and their stuff? Dystopian. There’s no cooperation or community in that model.

quote:

I also don't think that the "privileged" are behind this, even though they clearly have a lot of say in government policy
. I’m not suggesting a grand conspiracy, but it’s always easier to let someone else get their hands dirty. People can still feel good and moral because they pay taxes and some taxes help the poor.
Posted by 4cubbies
Member since Sep 2008
62470 posts
Posted on 7/20/26 at 9:44 pm to
quote:

government cannot. The people of a land do.


Making rights social constructs.
Posted by 4cubbies
Member since Sep 2008
62470 posts
Posted on 7/20/26 at 9:49 pm to
quote:

Indeed.
It is a well considered perspective.


Preventing injustice and promoting justice aren’t mutually exclusive concepts. My question wasn’t simply what functions the Constitution performs. I’m asking what conception of justice the Founders themselves believed society or government should ultimately serve.
This post was edited on 7/20/26 at 9:49 pm
Posted by AmishSamurai
Member since Feb 2020
4098 posts
Posted on 7/20/26 at 10:19 pm to
quote:

government cannot. The people of a land do.



Making rights social constructs


What is a non sequitur, Alex?
Posted by beerJeep
Louisiana
Member since Nov 2016
39024 posts
Posted on 7/20/26 at 10:33 pm to
Nothing?
Posted by wackatimesthree
Member since Oct 2019
14637 posts
Posted on 7/20/26 at 10:53 pm to
quote:

There’s no cooperation or community in that model.


Sure there is.

It's just not driven by justice or social responsibility. It's driven by the inherent human need for community and the mutual self-interest afforded those who create it.
Posted by wackatimesthree
Member since Oct 2019
14637 posts
Posted on 7/20/26 at 10:55 pm to
quote:

How can a government prove that rights preexist government?


Our government founders didn't prove it.

They took it to be self-evident.
Posted by wackatimesthree
Member since Oct 2019
14637 posts
Posted on 7/20/26 at 10:56 pm to
quote:

I’m asking what conception of justice the Founders themselves believed society or government should ultimately serve.


Somebody has already given this answer, but does the Constitution not answer your question? That's the founders laying down the rules for society, which ostensibly reflect what they believe.
Posted by stuntman
Florida
Member since Jan 2013
11089 posts
Posted on 7/20/26 at 11:55 pm to
quote:

No social responsibility beyond the responsibility to respect other people and their stuff? Dystopian. There’s no cooperation or community in that model.


I think it's just the opposite. The way I see it is that cooperation would flourish like crazy. I'd argue that the best parts of nearly everyone's lives are of an anarchist nature. We understand that voluntary cooperation is a fantastic thing for society. We are social beings, and the more that's allowed to flourish and not curtailed or disincentivized, the better off we'll be.

Think about it like this; If you're right about how dystopian that kind of society would be, why would you want that very same society picking and choosing who gets to run the monopoly on force, which is government?

quote:

. I’m not suggesting a grand conspiracy, but it’s always easier to let someone else get their hands dirty. People can still feel good and moral because they pay taxes and some taxes help the poor.


Yep, I completely get that people think that way. I used to as well. But if I rob my neighbor to pay for my nephew's lunch money, is that moral? Goverment is no different, except that it's "legal".
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