Full Text

9. Constitutional law and equality

MAIMON SCHWARZSCHILD


Subject Law
Legal and Political » Legal Philosophy

DOI: 10.1111/b.9780631213291.1999.00011.x


Extract

No two people (or things) are exactly alike. In that sense, none is equal to another. Yet all share points in common. At a minimum, all people are people (as, for that matter, all things are things). To that extent, at least, they are equal. Whatever the ways people might be equal or unequal, they can be treated equally or unequally in a wide variety of different ways. They might receive equal respect, or equal rights at law, or equal opportunities to distinguish themselves, or equal property and other resources, or equal welfare and happiness. Equality might be reckoned by individuals, or it might be by groups. There might be absolute equality: the same for everyone, regardless of what is thought to be deserved or otherwise proper. Or equality might be proportional: the same for everyone according to what is deserved or otherwise proper.These different kinds of equality, it is fairly obvious, can often be mutually exclusive. Equal opportunity to distinguish oneself amounts to an equal opportunity to become unequal. Equal rights for people whose skills or whose luck is unequal may ensure unequal possession of property and other human resources. To ensure equality of possessions, conversely, may require unequal rights, by way of equalizing or “handicapping” people with unequal abilities. Equal possessions are apt to mean unequal welfare and happiness for people with different needs, ... log in or subscribe to read full text

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