Equality before the law
All people must be equally protected by the law.
Equality before the law, also known as legal equality or legal egalitarianism, is the principle that all people must be equally protected by the law and that no individual or group is privileged over others. It requires a systematic rule of law that observes due process and provides equal protection, and it is one of the basic principles of some definitions of liberalism. The principle is incompatible with systems such as slavery, servitude, colonialism, oligarchy, aristocracy, or absolute monarchy.
- field
- Legal and political philosophy
- known_for
- Principle that all persons are equally protected by the law
- key_document
- Article 7 of the Universal Declaration of Human Rights
Lore & Background
Liberalism calls for equality before the law. Herbert Spencer defined it as the fullest liberty compatible with like liberty for every other man. Feminism also embraces this principle, though some later views hold that formal legal equality alone is insufficient for actual social equality.
Reader's Guide
Equality before the law is a foundational concept in legal and political thought, enshrined in Article 7 of the Universal Declaration of Human Rights and in most national constitutions. Its historical expressions range from ancient Chinese and Greek philosophy to modern constitutional law. The principle has been invoked to challenge discriminatory laws, such as Japan's parricide penalty and U.S. military benefits that favored men over women. While widely accepted, its implementation varies: many constitutions guarantee equality regardless of race, but few mention nationality. The principle remains central to debates about liberalism, feminism, and the limits of formal versus substantive equality. Its enduring significance lies in its role as a benchmark for justice and a tool for social movements seeking to extend equal protection to marginalized groups.
Frequently Asked Questions
What is Equality before the law?
It is a foundational principle in legal and political philosophy holding that every person receives the same protection under the law regardless of status or group membership. It demands a functioning rule of law grounded in due process and equal protection for all.
Which document anchors Equality before the law?
Article 7 of the Universal Declaration of Human Rights is the key document tied to this principle. It codifies the idea that no individual or group holds legal privilege over another.
What field does Equality before the law belong to?
It sits squarely within legal and political philosophy. It is also recognized as one of the core principles underlying certain definitions of liberalism.
What systems does Equality before the law reject?
The principle is fundamentally at odds with slavery, servitude, colonialism, oligarchy, aristocracy, and absolute monarchy. Any system that grants special legal privileges to a class or group contradicts it.
Why is Equality before the law important?
It ensures the legal system treats every person with the same protection and procedural fairness, preventing any individual or group from being placed above the law. Without it, due process and equal protection lose their meaning.
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