Equality and the Rule of Law
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Description
The principle “treat like people alike” has often been regarded as part of the rule of law. But what exactly does it require, and of whom? How does it relate to other principles that are understood as part of the rule of law? And does it help us achieve “‘substantive equality,” a state of affairs in which every member of a society is treated with dignity and is able to participate in that society as the social equal of every other member? These are the questions addressed in this chapter. The author argues that this principle is best understood as applying to those who occupy certain institutional roles, but only when they have already treated some people justly in a certain way. It then requires them to treat others in a like way, absenting any morally justifying differences; and any justifying differences must be publicly presented and shown to be the kind of difference that those denied the treatment could not reasonably reject as relevant. The chapter explains how this principle is in certain respects more demanding than anti-discrimination laws, but also in important respects much less demanding, and so only takes us part of the way towards substantive equality. The chapter ends by exploring how adherence to this principle can help the state realize other elements of the rule of law.
First Page
74
DOI
https://doi.org/10.4324/9781351237185
Source Publication
Routledge Handbook of the Rule of Law
Source Editors/Authors
Michael Sevel
Publication Date
1-23-2024
Publisher
Routledge
Recommended Citation
Sophia Moreau,
Equality and the Rule of Law,
Routledge Handbook of the Rule of Law
74
(2024).
Available at:
https://gretchen.law.nyu.edu/fac-chapt/2123
