Equality before the law

Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law.^[1] The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged over others by the law. Also called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice. Equality before the law is one of the basic principles of some definitions of liberalism.^[2]^[3] It is incompatible with legal slavery.

Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law".^[1] Thus, it states that everyone must be treated equally under the law regardless of race, gender, color, ethnicity, religion, disability, or other characteristics, without privilege, discrimination or bias. The general guarantee of equality is provided by most of the world's national constitutions,^[4] but specific implementations of this guarantee vary. For example, while many constitutions guarantee equality regardless of race,^[5] only a few mention the right to equality regardless of nationality.^[6]

History

The legalist philosopher Guan Zhong (720–645 BC) declared that "the monarch and his subjects no matter how great and small they are complying with the law will be the great order".^[7]

The 431 BC funeral oration of Pericles, recorded in Thucydides's History of the Peloponnesian War, includes a passage praising the equality among the free male citizens of the Athenian democracy:

If we look to the laws, they afford equal justice to all in their private differences; if to 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.^[8]

The Bible says that "You and the foreigner shall be the same before the Lord: The same laws and regulations will apply both to you and to the foreigner residing among you." (Numbers 15:15f)

The US state of Nebraska adopted the motto "Equality Before the Law" in 1867. It appears on both the state flag and the state seal.^[9] The motto was chosen to symbolize political and civil rights for Black people and women in Nebraska, particularly Nebraska's rejection of slavery and the fact that Black men in the state could legally vote since the beginning of statehood.^[10] Activists in Nebraska extend the motto to other groups, for example, to promote LGBT rights in Nebraska.^[11]

The fifth demand of the South African Freedom Charter, adopted in 1955, is "All Shall Be Equal Before The Law!"^[12]

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. This was a result of the trial of the Tochigi patricide case.^[13]

Liberalism

Liberalism calls for equality before the law for all persons.^[2] Classical liberalism as embraced by libertarians and modern American conservatives opposes pursuing group rights at the expense of individual rights.^[3]

In his Second Treatise of Government (1689), John Locke wrote: "A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another; there being nothing more evident, than that creatures of the same species and rank, promiscuously born to all the same advantages of nature, and the use of the same faculties, should also be equal one amongst another without subordination or subjection, unless the lord and master of them all should, by any manifest declaration of his will, set one above another, and confer on him, by an evident and clear appointment, an undoubted right to dominion and sovereignty."^[14]

In 1774, Alexander Hamilton wrote: "All men have one common original, they participate in one common nature, and consequently have one common right. No reason can be assigned why one man should exercise any power over his fellow creatures more than another, unless they voluntarily vest him with it".^[15]

In Social Statics, Herbert Spencer defined it as a natural law "that every man may claim the fullest liberty to exercise his faculties compatible with the possession of like liberty to every other man". Stated another way by Spencer, "each has freedom to do all that he wills provided that he infringes not the equal freedom of any other".^[16]

Feminism

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. 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.^[17]

In Reed v. Reed, Justice Ruth Bader Ginsburg highlighted the evolving the nature of the phrase, "We, the People" in the U.S Constitution emphasizing how it has become more inclusive over time. She discussed the progression of women's roles in society, noting that women were fully recognized as citizens and gained the right to vote, which allowed them to be treated equally under the Fourteenth Amendment. Ginsburg's comments focus on the historical and legal advancements regarding gender equality without promoting a specific ideological stance. ^[18]

In 1988, prior to serving as a Justice of the Supreme Court, Ruth Bader Ginsburg wrote: "Generalizations about the way women or men are – my life experience bears out – cannot guide me reliably in making decisions about particular individuals. At least in the law, I have found no natural superiority or deficiency in either sex. In class or in grading papers from 1963 to 1980, and now in reading briefs and listening to arguments in court for over seventeen years, I have detected no reliable indicator or distinctly male or surely female thinking – even penmanship".^[19] In an American Civil Liberties Union's Women's Rights Project in the 1970s,^[20] Ginsburg challenged in Frontiero v. Richardson the laws that gave health service benefits to wives of servicemen, but not to husbands of servicewomen.^[21] There are over 150 national constitutions that currently mention equality regardless of gender.^[22]

References

^ ^a ^b "Universal Declaration of Human Rights". United Nations. Retrieved 31 March 2018.
^ ^a ^b 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), p. 61 (ISBN 0-691-09993-6).
^ ^a ^b Mark Evans, ed., Edinburgh Companion to Contemporary Liberalism: Evidence and Experience (London: Routledge, 2001), p. 55 (ISBN 1-57958-339-3).
^ "Read about "Equality" on Constitute". constituteproject.org. Retrieved 31 March 2018.
^ "Read about "Equality regardless of race" on Constitute". constituteproject.org. Retrieved 31 March 2018.
^ "Read about "Equality regardless of nationality" on Constitute". constituteproject.org. Retrieved 31 March 2018.
^ Xia Zhang:Further Discussion on the Spirit of Rule of Law Advances in Social Science, Education and Humanities Research, volume 233. 3rd International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2018).
^ Thucydides, The History of the Peloponnesian War, Written 431 BCE, Translated by Richard Crawley (1874), retrieved via Project Gutenberg.
^ Nebraska State Motto 50 State Guide, eReferenceDesk.
^ Potter, James E. (2010). ""Equality Before the Law": Thoughts on the Origin of Nebraska's State Motto" (PDF). Nebraska History. No. 91. pp. 116–121. Retrieved June 1, 2021.
^ Kindschuh, Hilary (April 11, 2002). "Human chain circles Capitol in support of gay community". The Daily Nebraskan. Lincoln, Nebraska. Retrieved June 1, 2021.
^ Congress of the People (June 26, 1955). "The Freedom Charter". Walter Sisulu Square. Kliptown. Retrieved June 8, 2021.
^ Dean, Meryll (2002). Japanese legal system. Routledge via Google Books. p. 535
^ John Locke (1689). Second Treatise of Government. Chapter 2.
^ Alexander Hamilton (15 December 1774). "A Full Vindication of the Measures of the Congress". National Archives of Founders Online. Harold C. Syrett, ed. (1961). The Papers of Alexander Hamilton. 1 (1768–1778). New York: Columbia University Press. pp. 45–78.
^ Herbert Spencer. Social Statics. c. 4, § 3.
^ Jaggar, Alison. (1994) "Part One: Equality. Introduction." In Living with Contradictions: Controversies in Feminist Social Ethics^{[permanent dead link‍]}. Boulder, CO: Westview Press.
^ American University of Gender, Social Policy, and the Law (2012). "Reed v. Reed at 40: Equal Protection and Women's Rights". Retrieved 2024-09-14. {{cite web}}: |last= has generic name (help)CS1 maint: multiple names: authors list (link)
^ Jeff Rosen, "The Book of Ruth", New Republic, August 2, 1993, p. 19.
^ "Redirecting..." heinonline.org. Retrieved 2024-09-10. {{cite web}}: Cite uses generic title (help)
^ O'Dea, Suzanne. From Suffrage to the Senate: An Encyclopedia of American Women in Politics, ABC-CLIO, 1999
^ "Read about "Equality regardless of gender" on Constitute". constituteproject.org. Retrieved 31 March 2018.

v t e Substantive human rights
What is considered a human right is in some cases controversial; not all the topics listed are universally accepted as human rights
Civil and political	Equality before the law Freedom from arbitrary arrest and detention Freedom of assembly Freedom of association Cruel, inhuman, or degrading treatment Freedom from discrimination Freedom of information Freedom of movement Freedom of religion Freedom from slavery Freedom of speech Freedom of thought Freedom from torture Legal aid LGBT rights Liberty Nationality Personhood Presumption of innocence Right of asylum Right to die Right to a fair trial Right to family life Right to keep and bear arms Right to life Right to petition Right to privacy Right to protest Right to refuse medical treatment Right to resist Right of self-defense Right to truth Security of person Suffrage right to be a candidate Right to homeland
Economic, social and cultural	Digital rights Equal pay for equal work Fair remuneration Labor rights Right to an adequate standard of living Right to clothing Right to development Right to education Right to food Right to health Right to a healthy environment Right to housing Right to Internet access Right to property Right to public participation Right of reply Right to rest and leisure Right of return Right to science and culture Right to social security Right to water Right to work
Sexual and reproductive	Abortion Family planning Freedom from involuntary female genital mutilation Intersex human rights LGBT rights Sexual and reproductive health Right to sexuality

v t e Western world and culture
Foundations	Cradle of civilization Old World Greco-Roman world Greece Hellenistic Kingdoms Rome Roman Empire Western Eastern Roman legacy Romanization Romano-Germanic culture Gallo-Roman Christendom
History	European Bronze Age Classical antiquity Late antiquity Middle Ages early high late Renaissance Modern period Early modern period Age of Discovery Reformation Age of Enlightenment Scientific Revolution Age of Revolution Romanticism Abolitionism Emancipation Capitalism Industrial Revolution Great Divergence Modernism World War I Interwar period Universal suffrage World War II Cold War Post–Cold War era Information age War on terror
Culture	Alphabet Greek Latin Cyrillic Architecture Art Periods Calendar Cuisine Diet Classical tradition Studies Clothing History Dance Education Esotericism Astrology Folklore Immigration Law Languages Eurolinguistics Standard Average European Literature Canon Media Internet Music Chant Classical Folk Mythology Painting contemporary Philosophy Science Values Physical culture Sport Religion East–West Schism Western Christianity Decline Secularism
Philosophy	Ancient Greek philosophy Hellenistic philosophy Ancient Roman philosophy Christian ethics Judeo-Christian ethics Christian philosophy Scholasticism Rationalism Empiricism Existentialism Christian existentialism Humanism Christian humanism Secular humanism Liberalism Conservatism Socialism Continental philosophy Analytic philosophy Post-structuralism Tolerance Paradox Relativism Peritrope Atlanticism Sovereigntism Values European
Religion	Abrahamic Christianity Culture Western/Eastern Catholicism Latin Church Eastern Orthodoxy Greek Orthodox Church Protestantism Judaism Culture Paganism Baltic Celtic Finnish Germanic Anglo-Saxon Frankish Gothic Old Norse Hellenistic Roman Slavic Neo Agnosticism Atheism
Law	Natural law Rule of law Equality before the law Constitutionalism Human rights Life Thought Speech Press Religion Property Democracy International law
Contemporary integration	ABCANZ Armies AER Anglo-Portuguese Alliance ANZUK ANZUS Arctic Council AUKUS AUSCANNZUKUS Baltic Assembly Benelux British–Irish Council BSEC Bucharest Nine CANZUK CBSS CEFTA Council of Europe Craiova Group Eastern European Group Eastern Partnership EEA EFTA EPC ESA EU EU Customs Union Eurozone EU–UK TCA Five Eyes G7 Lancaster House Treaties Lublin Triangle NATO Nordic Council OAS Open Balkan OSCE Pacific Islands Forum PROSUR/PROSUL Rio Treaty Schengen Special Relationship Three Seas Initiative UKUSA Agreement USMCA Visegrád Group West Nordic Council Western Bloc Western European and Others Group Westernization

Authority control databases
National	Germany United States France BnF data Israel
Other	IdRef NARA

Equality before the law

History

Liberalism

Feminism

See also

References

Further reading