John E. Coons,
Compromise as Precise Justice, 68
Cal. L. Rev.
Available at: http://scholarship.law.berkeley.edu/facpubs/1351
The existing system of conflict resolution in our society is strongly biased toward winner-take-all resolutions even where facts and/or values are essentially indeterminate. This bias is inconsistent with any view of particular humans as deserving justice either equally or proportionally. It rests solely upon administrative convenience and a concern for identifying someone as wrongdoer. Except in cases of serious administrative burden or risk of anti-social incentives a just system would seek outcomes which are proportional in accord with factual probability or the weights of conflicting policies.