The concept of fairness is both elusive on the one hand and well-nigh indispensable on the other. On particular occasions, I devoutly wish that the word would be eliminated from the English lexicon, which is a bit like hoping to hold back the tides with a wave of the hand. On other occasions I have been tempted to treat the notion of fairness (or its close cousin, justice) as an intellectual trump card that sweeps all opposition aside.

A paper by Professor Richard Epstein, James Parker Hall Distinguished Service Professor of Law at the University of Chicago. The paper is based on a lecture given by Professor Epstein during a visit to New Zealand in August 2004.