Why the word fair is a claim, not a description
Fairness has several defensible standards that give different answers. Naming one as fair asserts a choice among them while sounding like an observation.
Filed by The Archivist 2 min read
Intuition test — answer before you read on
Why do two sincere parties both believe their own proposal is the fair one?
Correct answer: B
Option A predicts the belief would collapse under scrutiny, but studies of self-serving assessments find the bias operates without awareness and survives examination. Multiple legitimate standards give different answers, and each party converges on the one that favours them sincerely.
Both sides in a dispute want a fair outcome and both mean it. One computes fairness by equal split, one by proportion of contribution, one by relative need, one by precedent. Each standard is reasonable and they do not agree, so the word describes nothing until a standard has been selected.
What everyone sees
Disagreement about fairness is read as at least one party being disingenuous. Sometimes true, but it fails to explain the common case in which two parties argue in good faith from incompatible standards and each finds the other’s position transparently unreasonable.
What is actually happening
Fisher and Ury recommended negotiating on objective criteria precisely because the standard must be argued explicitly, and they treated the choice of criterion as part of the negotiation rather than a preliminary to it. Babcock and Loewenstein documented the mechanism that makes this hard: parties interpret the same information in self-serving ways, converge on the fairness standard that favours them, and do so without awareness, which produces impasse between two sincere participants. The practical consequence is that fair is a conclusion. Using it as a premise skips the step where the standard is chosen, and whoever’s standard passes unexamined has won the substantive point.
Why it stays hidden
The move hides because fairness feels perceptual. The favourable standard is not selected consciously; it is the one that seems obviously correct, and the other side’s standard looks like special pleading. Since both parties experience this symmetrically, neither can see that a choice was made, and the argument proceeds as if about facts.
Fair is not an observation about an outcome. It is an assertion that one standard among several should govern.
Fair is not an observation about an outcome. It is an assertion that one standard among several should govern.
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Fair is not an observation about an outcome. It is an assertion that one standard among several should govern.
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Sources & further reading 2
- Fisher & Ury — getting to yes
- Babcock & Loewenstein — explaining bargaining impasse: the role of self-serving biases
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