History[ edit ] A legalist Guan Zhong — BC declared that all persons under the jurisdiction of the ruler are equal before the law. 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.
Classical liberalism, with all its attendant assumptions, is founded upon one fundamental insight: Liberal thought has, then, been a gloomy philosophy from the very beginning, but this has not deprived it of notable successes.
In political life, aware that excessive concentrations of power are the first sign of tyranny, liberalism has long taken as its primary concern the proper distribution of constitutional authority.
Montesquieu, in his Spirit of the Laws, laid out the attitude which still guides liberalism in its view of power. It is there only when there is no abuse of power.
But constant experience shows us that every man invested with power is apt to abuse it, and to carry his authority as far as it will go. To prevent this abuse, it is necessary from the very nature of things that power should be a check to power.
Yet if a general distrust of worldly power formed the foundation of classical liberalism, and particularly in America, it was not the sole foundation.
How could it be? For if men were of a sort that none could be trusted with a minimal or controlled power, even wise legislation which furthered liberty would be impossible.
Human society would consist of nothing but a mass of voracious beasts, needing equality under the law essay writer by force lest they prey upon each other.
The blanket distrust of power ends, ironically, by limiting it without really controlling it, leaving citizens only with the vain hope that their freely constituted despot will not abuse his authority.
The rule of law itself has long been understood as essential to a well-ordered society, establishing consistency in the adjudication of civil disputes and providing a common code and a notion of common rights against tyranny.
For if, for the sake of common liberty, we are to indeed possess a government of laws, and not of men, then no man may be kept above the law, and the law may not draw divisions among its citizens. To do so would be to risk establishing a hierarchy with force of law and sanction, privileging particular private interests at the expense of the public interest in openness, flexibility, and liberty.
In view of the constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our constitution is color-blind, and neither knows nor tolerates classes among citizens.
In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful.
To get a unique essay. Hire Writer. timberdesignmag.com,.docx,.epub,.txt. Subject: Gender, The equality act () was introduced to provide a modern framework with a clear law to effectively tackle disadvantage and discrimination. To bring a case under the Race Relations Act, you have to show you have been discriminated against in one or. Equality before the law In the Thucydides textbook, Pericles’ Funeral Oration (pgs. ), praises Athens and its democracy and contrasts it with Sparta. It is, in other words, a thinly veiled criticism of Sparta. (Harrison, p1, ) Equality and Discrimination There are two different aspects of the constitutional laws, the first being the one which maintain equality among all citizens and the second being the ones that are against discrimination.
The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved.
The nature of the case, however, requires that we immediately specify what the concept of legal equality does not mean. It does not mean that all citizens must be rendered materially equal.
Even those schemes of redistribution used by welfare states, touted as a correction to the excesses generated by pure economic exchange, inevitably gather power to the apparatus of the state.
Political rent-seeking may become rampant, as individuals and businesses realize that currying favor with the powers that be can bring greater economic benefit that producing goods for sale on the market.
The skill they demand would be lost and the taste they shape would be coarsened. The production of artistic and intellectual goods would be affected first and foremost.
Who could buy paintings? Who could even buy books other than pulp? What, then, does this legal equality actually entail? Important economic and political consequences follow from it, each of which is crucial to the furtherance of liberty.
We shall treat each in turn. The economic consequences of legal equality may be the more obvious, being more frequently addressed by both academic and popular sources.Contest Essay. Legal Equality and Liberal Culture By Jeffrey Bergman | November 4, Individual equality under the law, which to an unbiased mind at first seems a rather mysterious concept—equal how?
and why?—then appears to be the simple extension of this notion of the rule of law to a liberal society. For if, for the sake of. Equality before the law In the Thucydides textbook, Pericles’ Funeral Oration (pgs.
), praises Athens and its democracy and contrasts it with Sparta. It is, in other words, a thinly veiled criticism of Sparta.
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Gender Equality Essay Example Gender equality has been one of the hottest topics of discussion throughout humanity's entire history. It has been argued in . Equality Under The Law Essay Equality under the law essay Wrexham Maelor issue based essay gre resume writer questionnaire animal testing essay uk.
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