The definition of fairness is one of those relative definitions, adapting to people's geography, level of spirituality, morals, and values. So to interpret whether or not the Lawyer in Herman Melville's piece, "Bartleby, the Scrivener" treated Bartleby fairly is a question of taste. However, Melville gives several clues within the text to suggest his point of view. Through the use of diction, Melville suggests that the Lawyer uses Bartleby, thus, treating him as an object rather than a person, dehumanizes Bartleby. I will call this unfair treatment. .
It is more than assumed that everyone is born with the inherent right to be respected. Yet, as Melville reveals through his diction, the Lawyer totally disregards this right and abuses Bartleby in a not as recognized, yet still as despicable, manner. The Lawyer states at one point, "here I can cheaply purchase a delicious self-approval." "To befriend Bartleby will cost me little or nothing, while I lay up in my soul what will eventually prove a sweet morsel for my conscience." How contemptible! The Lawyer keeps on this sick man in order to appease his possibly guilty conscience, guilty for whatever reason. To dehumanize this man, and use him as an object of appeasement constitutes unfair treatment on the part of the Lawyer. The Lawyer's "purchase" of Bartleby for ulterior motives, and his maintaining of this man, despite his failures, displays his weakness.
Let us examine another of the Lawyer's words. In the same passage he calls his disservice to Bartleby a "a delicious self-approval." Here, the Lawyer not only proclaims his abuse of Bartleby, but unveils his only selfish desires. This is further proof of the Lawyer's unfair treatment of Bartleby. The best approach to taking people is to, as the Bible suggests, to value people as higher than you. The fair way to treat Bartleby would have been to forget "self-approval," and to take the low road.