Equality before the law
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Equality before the law, also known as equality under the law, equality in the eyes of the law, or legal equality, is the principle under which all people are subject to the same laws of justice (due process). Law also raises important and complex issues concerning equality, fairness, and justice. There is an old saying that 'All are equal before the law.' The author Anatole France said in 1894, "In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread." The belief in equality before the law is called legal egalitarianism.
Thus, everyone must be treated equally under the law regardless of their race, gender, national origin, color, ethnicity, religion, disability, or other characteristics, without privilege, discrimination, or bias.
"If we look to the laws, they afford equal justice to all in their private differences; if no social standing, advancement in public life falls to reputation for capacity, class considerations not being allowed to interfere with merit; nor again does poverty bar the way"
Equality before the law is a tenet of some branches of feminism. In the nineteenth century, sex equality before the law was a radical goal, but later feminist views may hold that formal legal equality is not enough to create actual and social equality between women and men. An ideal of formal equality may penalize women for failing to conform to a male norm, while an ideal of different treatment may reinforce sexist stereotypes.
In 1988, prior to serving as a Justice on the U.S. Supreme Court, Ruth Bader Ginsburg wrote: "Generalizations about the way women or men are ... cannot guide me reliably in making decisions about particular individuals". In an ACLU's Women's Rights Project in the 1970s Ginsburg challenged, in Frontiero v. Richardson, the laws that gave health service benefits to wives of servicemen but not to husbands of servicewomen.
- All persons are equal before the law and entitled to the equal protection of the law.
- Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.
Article 200 of the Criminal Code of Japan, the penalty regarding parricide, was declared unconstitutional for violating the equality under the law by the Supreme Court of Japan in 1973, as a result of the trial of the Tochigi patricide case.
- All men are created equal
- Anti-discrimination law
- Civil and political rights
- Equal justice under law
- Equality of opportunity
- Global justice
- Prerogative – the inverse of equality before the law
- Right to equal protection
- Rule according to higher law
- Rule of law
- Social equality
- List of civil rights leaders
- List of suffragists and suffragettes
- List of women's rights activists
- 7., description of the UN declaration article 7, the United Nations
- (France, The Red Lily, Chapter VII).
- Chandran Kukathas, "Ethical Pluralism from a Classical Liberal Perspective," in The Many and the One: Religious and Secular Perspectives on Ethical Pluralism in the Modern World, ed. Richard Madsen and Tracy B. Strong, Ethikon Series in Comparative Ethics (Princeton, NJ: Princeton University Press, 2003), 61 (ISBN 0-691-09993-6).
- Mark Evans, ed., Edinburgh Companion to Contemporary Liberalism: Evidence and Experience (London: Routledge, 2001), 55 (ISBN 1-57958-339-3).
- Thucydides, The History of the Peloponnesian War, Written 431 B.C.E, Translated by Richard Crawley (1874), retrieved via Project Gutenberg.
- Jaggar, Alison. (1994) "Part One: Equality. Introduction." In Living with Contradictions: Controversies in Feminist Social Ethics. Boulder, CO: Westview Press.
- Jeff Rosen, "The Book of Ruth," New Republic, August 2, 1993, p. 19.
- O'Dea, Suzanne. From Suffrage to the Senate: An Encyclopedia of American Women in Politics, ABC-CLIO, 1999
- Martha Chamallas, "Feminist Constructions of Objectivity: Multiple Perspectives in Sexual and Racial Harassment Litigation," Texas Journal of Women and the Law 1 (1992): 95, 131, 125.
- Dean, Meryll (2002). Japanese legal system. Routledge via Google Books. p. 535
- Hudson, Adelbert Lathrop (1913). "Equality Before the Law," The Atlantic Monthly, Vol. CXII, pp. 679–688.
- Shenfield, Arthur A. (1973). "Equality Before the Law," Modern Age, Vol. XVII, No. 2, pp. 114–124.