A Map of Other Laws

The Notebook ·

When Fairness Becomes Arithmetic

Most systems of measurement are built by people who have been on the wrong end of somebody's mood. A manager who promoted his friends, say, or a loan officer who liked your surname. The case for measuring things is a humane one, usually made by people who remember what the alternative felt like.

In the first book of A Map of Other Laws there is a country built entirely on that case. Tares, the Republic of Measure, has one founding promise: no one should be treated arbitrarily. Before the Republic came the Favored Centuries, when a family's standing depended on whose client it was, and debts of patronage passed down the generations like furniture. The Republic threw down the favor-ledgers and raised a brass scale the size of a watchtower. Every citizen is weighed on it. Labor goes into the pan, and need, and harm done and harm suffered, and every registered kindness. Bread, shelter, medicine and punishment are portioned by what the needle reads.

It works, and the book is honest about how well. A rich grain factor strikes a poor man outside a granary, and the scale finds his blow heavier than it looked, because there was contempt in it. He stands in the market street with his hat off and reads the price of his own contempt off a chalkboard, and he pays it. In most courts hunger comes up only so that someone who has eaten can dismiss it. In Tares it is attested, weighed and entered as evidence.

Then a nine-year-old called Pila takes a seed-loaf from a baker's rack and is caught two streets away, having already eaten the crust. She is brought to the Chamber of Remainders. The clerks enter the baker's loss (four grains for the loaf and one more for the damage to his stall) and then they weigh her hunger: the days since her father's account was frozen, the meals her mother recorded skipping, her weight against the tables for her age.

"The needle settled. Her hunger came to seven. The loss stood at five."

So the scale finds her right, and that is the trouble. Seven less five leaves two grains of injustice, now weighed and therefore on the record, and the day's ledger cannot close until they are lodged somewhere. The baker did nothing wrong, so charging him would be arbitrary. He tries twice to withdraw his complaint and is told, kindly, that the loss is real with or without his complaint. The child owns nothing. Her parents' books are sealed. The state may not spread a remainder across its citizens without their consent. So the clerks propose the standing solution, as flatly as if they were reading from a rate table: enter the two grains against the child herself, at interest, to be read at her majority weighing, where a child who arrives owing settles low for the rest of her life.

Nobody in the room is cruel. That is the part worth sitting with.

The remainder problem

Anyone who has built or run a scoring system has met some version of the two grains. The familiar warning about metrics is Goodhart's law, usually put as: when a measure becomes a target, it stops being a good measure. Tares describes a quieter problem. Its measure is accurate and nobody is gaming it. The trouble is the remainder: the output that the rules produce correctly and that nobody deserves.

Remainders turn up wherever arithmetic meets people. A rating scale that has to be calibrated to a curve, so that somebody lands in the bottom band in a year when nobody did badly. A credit file that carries a missed payment from a month when a person's account was frozen through no fault of theirs. Each figure is correct, and each leaves a small quantity of harm over, which tends to land on whoever has the least standing to refuse it.

What makes Tares hard to dismiss is that the obvious fix is forbidden by the very promise that made the country decent. The human answer to the two grains is a clerk who says "forget it" and closes the ledger. But forgetting it is exactly the arbitrary act the Republic was founded to abolish. Every exit that looks like mercy looks, from inside the promise, like the old favoritism coming back in through a side door.

The easy story about measurement is that it lets cruel people hide behind numbers. The harder story is that it leaves kind people with no moves. The baker offers, loudly, to absorb the loss himself, and is refused, because the law will not let a man shorten his own household's book without its consent. The senior clerk is not a villain. He is defending a doctrine the whole Republic is proud of.

What the arithmetic leaves over

Real institutions build a little room back in with hardship funds and ombudsmen, and some data-protection law gives people a right to ask for human review of certain decisions made entirely by machine. Each of these is a deliberate hole in the arithmetic, a place where a remainder can be set down without being charged to the person least able to carry it. Each one also reopens, a little, the door that the measurement was meant to close, because the human in the loop can be moody too.

The book does not pretend to settle that trade-off. Its narrator, a former ledger clerk whom the scale cannot weigh, is in the room when the two grains are proposed. What he does next is the book's business, not this essay's. The questions the scene leaves behind are practical ones. Where does your system put its remainders, and is anyone allowed to absorb one without it counting as a breach? When the figure is correct and the outcome is wrong, whose job is it to say so, and what does it cost them?

The Chamber of Remainders is a small room with a curtain in front of its scale. A clerk reads out a child's missed dinners in filing order rather than the order in which she went hungry, and she listens with her chin up. Most organizations have a room something like it, and a figure on the table that nobody disputes. Who in yours is allowed to object to a correct answer?