Search results
Results From The WOW.Com Content Network
Equality before the law is a tenet of some branches of feminism. In the 19th century, gender equality before the law was a radical goal, but some later feminist views hold that formal legal equality is not enough to create actual and social equality between women and men.
The law of equal liberty is the fundamental precept of liberalism and socialism. [1] Stated in various ways by many thinkers, it can be summarized as the view that all individuals must be granted the maximum possible freedom as long as that freedom does not interfere with the freedom of anyone else. [ 2 ]
The first, A Theory of Justice, focused on distributive justice and attempted to reconcile the competing claims of the values of freedom and equality. The second, Political Liberalism , addressed the question of how citizens divided by intractable religious and philosophical disagreements could come to endorse a constitutional democratic regime.
"Justice as Fairness: Political not Metaphysical" is an essay by John Rawls, published in 1985. [1] In it he describes his conception of justice. It comprises two main principles of liberty and equality; the second is subdivided into fair equality of opportunity and the difference principle.
Rothbard argued that egalitarianism was a misguided attempt to impose an artificial equality on individuals, which would ultimately lead to societal breakdown. He believed that attempts to force equality through government policies or other means would stifle individual freedom and prevent people from pursuing their own interests and passions. [40]
Equality before law means that the law applies to all peoples equally and without exceptions. For example, the freedom of speech should apply the same to all members of a society. Laws can sometimes be designed to help minimize unequal application. [ 7 ]
Though equality under the law is an American legal tradition arguably dating to the Declaration of Independence, [5] formal equality for many groups remained elusive. Before passage of the Reconstruction Amendments, which included the Equal Protection Clause, American law did not extend constitutional rights to black Americans. [6]
The defining characteristics of libertarian legal theory are its insistence that the amount of governmental intervention should be kept to a minimum and the primary functions of law should be enforcement of contracts and social order, though social order is often seen as a desirable side effect of a free market rather than a philosophical ...