Wednesday, April 13, 2022

From Wikipedia: Equality before the law

I think I prefer using "equality before the law" rather than "civil rights" since its a bit more precise. I more clearly states the goal of the various movements that seek to establish it.

- Click here for the entry.

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. Sometimes 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.

. . . 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".