The Definition of Fair

Much of the time we hear the word fair in regard to opportunity versus outcome

The OED goes on for several microprint pages about the word fair. I’m interested in the way this word bears on conduct, actions, arguments, and methods. Listed are terms like free from bias, fraud, or injustice; equitable, not taking undue advantage; disposed to concede every reasonable claim. In terms of considerations and position, it references affording an equal chance of success, and not unduly adverse to either side.

Much of the time we hear the word fair in regard to opportunity versus outcome. “It isn’t fair that some people inherit a bunch of money, then never have to work for anything.” That’s not an issue of fairness, of course, just dumb luck. One might also observe that inheriting lots of loot might also be a curse. The effect is often pernicious, as can be seen with second and third-generation descendants of wealthy families.

Even when they’ve earned the money somehow, that doesn’t keep people from envying them. There’s always a reason for their gains. Loads of cash allows the bearer to indulge the dark side, as we often see with rock stars and Al Capone types.

One way to look at what is fair is the sense of a burden that can be carried without breaking anyone. Way back in time private roads were common. It was necessary to strike a balance when choosing a fair fee for using the road. If it was more than common people could afford, the owner might end up with a barnyard full of angry people with pitchforks and torches. If the toll could be set at a lower, “fairer” price, it meant that people could use it without going broke. That way, everyone could smile more. We have these today in the form of toll roads. Go back to the old OED and look up “turnpike” to see where that word came from.

Now we’re getting into darker parts of the swamp

Another form of fair is finding agreement that a task needs to be done, or can be justified. This would apply in the case of international agreements where both sides could agree that an action would be mutually beneficial, such as building a bridge or signing a peace treaty that both agreed to without force or coercion.

There’s an occasional argument that to be fair to everybody, government has to do it. Now we’re getting into darker parts of the swamp. This argument often comes from people or groups that can’t get what they want in the old fashioned way of give and take with the neighbors. Governments collect revenue from people and businesses, and they do it by threat of force. Can’t get the neighbors to chip in enough money to improve the private road? Have government come in, declare it a public street, and collect the money at the point of a gun. In other words, use the force of government to get your way.

Libertarians like to look at public goods from a perspective of better and not better. For them, fairness often comes from the idea that actions are best when the people undertaking them are freest. If there’s no agreement on improving the private road, libertarians would likely say to leave it as it is. It doesn’t affect enough people to bring the force of government to bear. Free individuals are better equipped to solve their own problems rather than rely on collective action. Free people have a better record of solving problems in any case, they argue. This kind of thinking appeals to some political persuasions more than others, as we all know.

Fair also applies to the idea that once a project begins, it will be administered correctly. Here we come back to one of the OED definitions, the idea that action will not unduly benefit one or the other side. The idea is to build the road properly, not to cater to the residents on one side or the other. Everyone should have similar access to the new road when finished.

They amended the Constitution to be able to tax wealthy people unfairly

In the US Constitution, fair applies to the idea that if society requires a taking, as in an eminent domain issue, that it be justly compensated according to established rules. If widening the road or improving it requires a serious chunk of property beyond the established right of way, then there must be payment for the taking of it. This was established in the Fifth Amendment. “Nor shall private property be taken for public use, without just compensation.” It wouldn’t be fair.

Perhaps most frequently we hear people use the word fair or unfair when speaking of taxes. In this sense, fair has to be understood as being the same for everybody. The colonists remembered many problems with taxation by Parliament. The original Constitution spoke to this issue.

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; . . .”

“. . . shall be uniform throughout the United States.” That’s a problem. There were several attempts at an income tax before the 20th Century, notably during the Civil War, but all were properly struck down as unconstitutional. The clause says “uniform,” and a tax based on income can’t be uniform because not everybody makes the same income. The Sixteenth Amendment was ratified in 1913, allowing an income tax without apportioning it equally among the states or residents. It took a constitutional amendment to impose an income tax that would stick. They amended the Constitution to be able to tax wealthy people unfairly.

Then insult was added to injury with the imposition of a “progressive” income tax

Then insult was added to injury with the imposition of a “progressive” income tax. Now not only do wealthier people pay more because they make more, but they also have to pay a higher percentage the more they earn. This is fundamentally unfair because it’s the inverse of the old fairness doctrine. Instead of taxes being applied evenly, that is, fairly, wealthy people get a double whammy because they’re wealthy.

The Sixteenth Amendment made it sure that unfair taxes would be allowed. We’ve had more and more of them ever since. Funny how most everybody gets tagged with the income tax nowadays. It was supposed to be for the plutocrats, or at least that’s what we were told.

Income and corporate taxes now bring in about $4.5 trillion to the US treasury every year. Surprise! It’s still not enough.

These days, when people whine that something is unfair, they mostly mean that they don’t like it. Perhaps if more people looked up words in the teeny print of the OED, they’d choose their words more carefully.