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The problem therein is that, at least in the vast majority of circumstances, everybody thinks that they are being "just", but their justice is always colored by their own personal morals, which may or may not conform to your morals or mine. I'm sure that the judge who recently disallowed a mother from naming her child "Messiah" felt like he was being just, but that justice was undoubtedly colored by his religious faith. The judges who uphold "traditional marriage" also probably felt like they were being just, as their justice is shaped by what they personally consider to be 'right' and 'wrong'. The law itself, in too many cases, offers too much ambiguity. We want states to have the right to do things their own way on issues we want, but not on issues we don't. If we, as people, support the right of gay marriage, we think that states should be required to allow it. However, if we support marijuana is relatively harmless, we think that states should be allowed to legalize it. These are just examples, but it's hard to come up with a 'pragmatic' solution for what is or isn't just. If justice is based on morality, then whose morality do we base it on? If it's based on whether or not it causes harm to others, then what level of harm do we allow? Freedom of speech is generally harmless, except when it isn't -- except when it's "fire" in a theater, or when it's your neighbors yelling at 3 am, or when it's someone preaching [religion/anti-religion] in contrast to what I want to hear. In short, it's a very complicated thing, justice, with blurry edges, multiple middles, and an infinite list of value substitutions that muddy the issue. Even those doing the very best things for the most noble of purposes can be considered harmful by others who are also doing the very best things for the most noble of purposes. |
There are certain issues (drugs prohibition is a big example) where politicians often 'come out' about their true position after leaving office. They don't want to be the "weed guy," so they don't publicly support legalization while in office. This is different from genuinely disagreeing about the correct policy.
Even just honesty would be an improvement. "I think marijuana/gay marriage/whatever should be legal, but I don't think the majority want that/it's not worth pursuing right now/insert real reason they aren't pushing this." I don't think that's impossible. It requires a change from us. We need to be willing to let politicians openly hold a position while not pursuing it in legislation.
For example (I'm not American, so this is contrived), my view on the American gun issues is that widespread ownership of firearms for self defense is bad, but it's going to be very difficult to pursue disarmament effectively when so many people disagree so strongly.