Historical Significance of Equality Before the Law:
– Guan Zhong, Pericles, and biblical references emphasized equality in different contexts.
– Nebraska and the South African Freedom Charter highlighted the importance of equality before the law in history.
– Various historical figures like John Locke and Alexander Hamilton advocated for equality in power and jurisdiction.
– Sir George Arthur’s proclamation of equality between races added to the historical significance of this principle.
Legal and Philosophical Foundations:
– Liberalism’s advocacy for equality before the law for all individuals.
– The Universal Declaration of Human Rights (UDHR) guaranteeing equality under the law.
– Legal systems like the Japanese legal system and academic literature discussing equality regardless of gender.
– Philosophical works by John Locke, Herbert Spencer, and others exploring the concept of social equality.
Feminist Perspectives on Equality Before the Law:
– Ruth Bader Ginsburg’s challenges to gender-based discrimination.
– The intersection of formal legal equality and social equality for genders.
– Feminist support for equality before the law and efforts towards gender equality in various spheres.
Key Historical Documents and Works:
– The Freedom Charter, John Locke’s Second Treatise of Government, and Alexander Hamilton’s defense of common rights.
– Herbert Spencer’s discussion on social equality and Adelbert Lathrop Hudson’s work on Equality Before the Law.
– Emphasis on important historical documents and works that have contributed to the understanding and promotion of equality before the law.
Academic and Additional References:
– Various academic works covering legal systems, social equality, and gender regardless of gender.
– Notable references like Jeff Rosen’s legal discussions and Suzanne O’Dea’s book on American women in politics.
– Additional references providing insights into the practical applications and ongoing discussions surrounding 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. 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. 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". Thus, 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, but specific implementations of this guarantee vary. For example, while many constitutions guarantee equality regardless of race, only a few mention the right to equality regardless of nationality.
