[council] On the use of 'fairness'

Ken Stubbs kstubbs at afilias.info
Thu Aug 25 21:39:25 UTC 2005

Another definition of* "fairness"* suggests the following attributes:
2. Achievable
3. Inclusive
4. Respectful

I do believe that it is possible to view this process from these 

Ken Stubbs

Avri Doria wrote:

> Hi,
> To reiterate, and go further, on my comment about not exorcising the  
> word 'fairness' from the frames of reference.
> I believe that the importance of the concept and term fairness stems   
> from the relative notion of fairness, i.e. something is not fair  
> unless both sides see something as fair from their subjective  
> viewpoint. Nothing can automatically be called fair from one side of  
> an issue.  The importance of this is that it keeps every actor aware  
> that they must take the perspective of the other into account.  I  
> think that this is also something that falls on the ombus-process if  
> the actors cannot agree on the fairness of something, i.e. it goes to  
> an impartial venue that can take all pints of view into account.
> Additionally the notion of fairness is set in the core values of  
> ICANN which is supposed to motivate our actions within the  
> organization and the council.  To indicate that this notion does not  
> apply to the council or to a review of the council's work may give  
> the appearance of setting ourselves outside the core values.  this is  
> probably an appearance we should try to avoid.
> I also think that item 4(a) under H
>> Interpretation and examination of the use of concepts used in the  By 
>> Laws such as “open and transparent manner”, “fairness”,  “consensus”, 
>> “bottom-up policy development” is required.
> indicates that the concepts involved in determining fairness should  
> be explicit and examined.  I think this is important as it not only  
> serves to make the word understandable, but then gives the ombus- 
> office criteria it can use when having to determine whether a claim  
> of unfairness is justified.
> Bascially I think that the requirement is such that in every  
> situation the precise content of what makes something fair or not  
> cannot be defined before hand.  the requirement for fairness, forces  
> the council to due diligence in terms of inspecting all sides of  
> every issue.
> a.
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