The formal principle of justice requires treating relevantly similar cases alike

Evidence

The general principle latent in these diverse applications of the idea of justice is that individuals are entitled in respect of each other to a certain relative position of equality or inequality. This is something to be respected in the vicissitudes of social life when burdens or benefits fall to be distributed; it is also something to be restored when it is disturbed. Hence justice is traditionally thought of as maintaining or restoring a balance or proportion, and its leading precept is often formulated as ‘Treat like cases alike’; though we need to add to the latter ‘and treat different cases differently’. — HLA Hart, The Concept of Law (Clarendon Law…, 418

Categorization

  • corroborated: 2 independent passages support this claim — HLA Hart, The Concept of Law (Clarendon Law…, 418
  • XREF: connects to: Common-law principles help judges determine if case differences are significant — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 715; Valid legal analogies depend on relevant similarities rather than case quantities — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 343; The scope and meaning of legal rules depend on factual similarities — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 151 (+14 more)

Broader Connections