Of course it depends on the circumstance, but this isn't what you were saying earlier. You said the system was fundamentally about intent. I was responding to that claim.Actually that's wrong, both morally and even legally. If you hurt someone, redress entirely depends on the circumstance, and it could be the one you hurt that could be punished (if you hurt him in self-defense for example).
If you accept there are a variety of factors that matter, then sure, we agree on that.
"can" is not "should". Just because something can happen doesn't mean it should be the default assumption.As above : it depends on circumstance, but YES harm done without intent can totally be discarded. It's all about responsibility (if someone hurts you through negligence, even if he didn't intent to hurt you, he was guilty of a fault ; if someone hurts you because you put yourself in harm's way, it's actually on your head).
In fact, it's a hallmark of dystopic settings to have a justice system punishing people for events without considering context and intents, precisely because it's anathema to any sense of justice.
I wasn't talking about a theoretical victim putting themselves in harm's way. Nobody was. That is something you've inserted because you felt it needed to be stated, I don't know why. If we agree that harm through negligence is still harm, then there's no disagreement. You don't need to go off about some slippery slope fallacy r.e. dystopian settings, because in doing so you're mispresenting my (and probably other folks') arguments.
What is an example of a system that is just and fair, but in applying it results in discrimination because "people are people"? I need specifics here because this could be interpreted in a few ways.We already discussed it in another thread, and my answer hasn't magically changed with time. If the perpetuation of the discrimination is unjust and inherent to the system, then yes it's a problem. If the system is just and fair but applying it results in discrimination because people are people, then your idea to just apply your own discrimination to "correct" the results means you simply are ready to be unjust toward a different group so you can force the end result you want - basically a "end justifies the means" mentality - and that's not actual justice, just playing favorites.