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- Fred Feldman, The Irrelevance of Equality Before the Law.Political activists drive around with bumper stickers proclaiming their commitment to equality. Perhaps the bumper sticker loudly asserts “=!” Oppressed people lament their lack of equality. Political philosophers contemplate equality and try to formulate general principles about it. In recent days, some advocates of marriage rights for same-sex couples argued for their view by claiming it’s just a matter of equality. Indeed, one of their advocacy websites uses the name ‘Equality’.1 They want equal rights. Everyone seems to take it for granted that equality is important. This seems entirely wrong to me. It seems to me that equality is legally (and politically and socially and economically and morally) irrelevant.
Similar books and articles
Drawing upon the work of Barbara Herman, I argue that our understanding of equality is inextricably tied to our experiences. In particular, I argue that moral equality and social equality are fundamentally different.
This essay explores two largely distinct discussions about equality: the 'luck egalitarian' debate concerning the appropriate metric of equality and the 'equality and difference' debate which has focused on the need for egalitarianism to consider the underlying norms in light of which the abstract principle to 'treat equals equally' operates. In the end, both of these discussions point to the importance of political equality for egalitarianism more generally and, in the concluding section, an attempt is made to show how the ideal of 'equal concern and respect' might best be pursued given the results of these important discussions.
I critique Peter Singer’s view that equality across species is a natural extension of equality. Singer presents one minor and two major arguments. The first major argument is that equality across species is implied by the traditional principle of equality. The second is that it follows from a conception that is behind the principle of equality, namely the moral “point of view of the universe.” The minor argument is a theory of the altruistic character and expanding circles of ethics.
This article discusses various arguments for and against treating equality as a fundamental norm in law and political philosophy, combining prior arguments to the effect that equality is essentially an empty idea with arguments that treat it as a non-empty but mistaken value that should be rejected. After concluding that most of the arguments for treating equality as a fundamental value fall victim to one or both of these arguments, it considers more closely arguments made by philosophers such as Ronald Dworkin and Thomas Nagel that base a duty of promoting equality on the fact that governments impose a legal order on persons without their consent. It concludes that these arguments are mistaken: if the legal order imposed by government is justified then imposing it is not wrongful and generates no duty of equal treatment, while if that order is not justified no requirement of equality of treatment would cure the lack of justification. It concludes that equality should not be a value in law or political theory, but in some cases other considerations (such as alleviating poverty and distress, promoting accuracy and substantive justice, avoiding arbitrariness, and other values) may justify particular rules that are sometimes mistakenly thought to be based on equality.
: Justice is widely thought to consist in equality. For many theorists, the central question has been: Equality of what? The author argues that the ideal of equality distorts practical reasoning and has deeply counterintuitive implications. Moreover, an alternative view of distributive justice can give a better account of what egalitarians should care about than can any of the competing ideals of equality.
This paper is an engagement with Equality by John Baker, Kathleen Lynch, Judy Walsh and Sara Cantillon. It identifies a dilemma for educational egalitarians, which arises within their theory of equality, arguing that sometimes there may be a conflict between advancing equality of opportunity and providing equality of respect and recognition, and equality of love care and solidarity. It argues that the latter values may have more weight in deciding what to do than traditional educational egalitarians have usually thought.
Many writers claim that democratic government rests on a principled commitment to the ideal of political equality. The ideal of political equality holds that political institutions ought to be arranged so that they distribute political standing equally to all citizens. I reject this common view. I argue that the ideal of political equality, under its most plausible characterizations, lacks independent justificatory force. By casting doubt on the ideal of political equality, I provide indirect support for the claim that democratic government is only instrumentally justified.
Dworkin wonders, in so far as we might be for equality, to some degree, what would we be for? He thinks equality is a complex, multi-faceted ideal. One facet is distributional equality. Here the question is, concerning money and other resources to be privately owned by individuals, when is the distribution an equal one? Equality of welfare “holds that a distributional scheme treats people as equals when it distributes or transfers resources among them until no further transfer would leave them more equal in welfare.” Equality of welfare is a utilitarian version of egalitarianism.
Linda Krieger's paper in this volume relies on the concepts of "equal" and "special" rights, and I focus my attention upon the bivalent view of equality which justifies the creation of special rights. Krieger argues, I point out, that equality of effect is a fundamentally more just consideration than equality of treatment, and special rights allow disadvantaged groups to achieve this equality of effect.
No categories
Two central issues for ethical analysis of equality are: (1) Why equality? (2) Equality of what? The two questions are distinct but thoroughly interdependent, We cannot begin to defend or criticize equality without knowing what on earth we are talking about, i,e., equality of what features (e,g., incomes, wealths, opportunities, achievements, freedoms, rights)? We cannot possibly answer the first question without addressing the second, That seems obvious enough.
Discussion of Fred Feldman, The irrelevance of equality before the law
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