Procedural vs. Substantive Justice (Incomplete)
Me and the miss's were having a conversation about cheating and whether I ever cheated on her. Of course, I haven't. However, she still implored that I abide by her policy: to tell her no matter what. She explained that the purpose of this policy was so that she could trust what I said; otherwise, it might be the case, from her perspective, that when I say that I've never cheated on her, I might be holding back something. Thus, she relies upon a policy (or a procedure) in order to get the substance she wants: trust. However, I quickly replied by pointing out the danger of such a policy, simply that its potential results do not all fit the desired results (or the desired substance). For instance, suppose I did 'cheat' on my girlfriend, but through no will of my own. Rather, I performed the physical act of cheating only because aliens mind-melded me to do so. There's very little debate as to whether my actions were blameworthy: they weren't. If my girlfriend witnessed this event (thus, having reliable evidence as to the fact that I had no intention of cheating), I'm sure she would have nothing against me (i.e. she wouldn't consider me a cheat). However, suppose she was not there to witness the event and thus would have to rely upon me to divulge the story. If I were to abide by her policy, I would have to tell her what happened. Normally, stories about aliens aren't true and thus any reasonable person (including my girlfriend) would think not only I was a cheat, but a liar too (Notice that a girlfriend who is fed such a line suffers more than from a boyfriend who cheats but doesn't offer such an outrageous story). However, why would anyone want such an outcome? Why would any girlfriend want to sour a faithful relationship and distrust a boyfriend who, in fact, is actually so trustworthy to have abided by his girlfriend's policy even if it means telling such an outrageous story? Normally such an honest person would be rewarded, not punished. It was for this reason that I suggested to my girlfriend that, although she once thought her policy would produce her desired results, the proper policy to produce her desired results would involve not complete disclosure/candor, but rather to leave it to the boyfriend's discretion in deciding when a factual account is so outrageous as to produce the counterproductive result.
So before we examine the objections to my argument, let's look at what I mean by procedural vs. substantive justice. In general terms, my girlfriend's approach/solution to the problem of trust was procedural: she developed a procedure (in all cases of physical cheating acts, report such case to her); it would then be up to her to determine whether I was guilty (blameworthy) or not. However, I showed that the procedural solution was potentially flawed and, more so, liable to make a situation much worse than it would be if the boyfriend merely kept his mouth shut (i.e. to purposely NOT follow the procedure). Thus, my solution would leave it to the boyfriend's discretion in choosing when to disclose. In other words, the boyfriend would look less to procedure but to the potential outcome (substance) and, by examing the various outcomes, to choose by comparing each to the girlfriend's desired outcome. Thus, substantively, a mind-melded boyfriend to be punished in any way would be wrong. Therefore, a discretion-wielding boyfriend would then choose NOT to disclose, in the interest of substance.
Now, I'm sure you have plenty of objections and, before we go any further, let me be the first to admit: the boyfriend's solution is just as flawed and problematic as the girlfriend's. So let's look at each problem:
First of all, the biggest problem is simply this: If there was ever an initial problem "Why should the boyfriend even consider abiding by the procedure to begin with? Why not just say that you will abide but not actually do it?", then we have an inflated version of the problem if the girlfriend agrees to grant discretion to the boyfriend. If the girlfriend agrees to rely upon the boyfriend's discretion as to which disclosures will actually result in the desired outcomes, then this is all the more incentive for the boyfriend to cheat but disclose; not only can he cheat without disclosure, but now he can refrain from disclosing and, magically, with impunity (simply because, if news got to the girlfriend that he did cheat, he can evoke his discretion, based upon the belief that disclosure would result overly negatively.
