There is a time when even justice brings harm.
I think a lot of us have been taught to confuse retributive justice with fairness. But fairness is a somewhat different concept, isn’t it? For one thing, retributive justice seems to rest on a notion that punishment is remedy. But is punishment always remedy?
Fairness, on the other hand, seems to imply a broader range of possible remedies than punishment alone. If Johnny steals your apple, and all you want is retributive justice, then all you want is for Johnny to be punished for stealing your apple. But if Johnny steals your apple, and you want fairness, then you might want either the apple back or another in its place.
As a hypothetical: If you had to choose, and you could not choose both, would you prefer to live in a fair society or a just society?