Is Equality a Totally Empty Idea - Essay Example

Is equality a totally empty idea? Name Institution Date Introduction Democratic society regards the principle and concepts of equality as a fundamental component that is well recognized in the corollary existence between what they call discrimination and fair treatment. Therefore, the concept of equality and its principles has been used as a turning point and a point of reference for scholars and activists to base their arguments when advocating for constitutional reforms and various national and international legal standards. The ideas of formal equality have been used primarily in promoting social justice laws and social policy. However, it has been argued by libertarians that, the concepts of formal equality disfavor arbitration of decision-making.1 Equality as a political and social democratic factor demonstrates an equilibrium between what is liberty, law, and orders, as well as fraternity thoughts. However, the views and arguments on how things should be viewed from a rational or moral way separate the inherent or consistent ideas of maintaining equality. Analysis presented in this paper is helpful in understanding the definition, arguments and critics of equality based on the Peter Western ideas of ‘’ The Empty Idea of Equality.’’ Lastly, creative and critical analysis and evaluation of Western’s position and ideas are evaluated providing the stand of his positions as well as the agreements that can be retrieved from his work. Peter Western compares the existence and application of equality principles and concepts to that of rights existence. Through his arguments, defines equality as being equally the opposite of the perceived rights. In this regard, Peter Western considers equality as being simple, singular and comparative.2 In contrast, Peter Western defines Rights as being complicated, and diverse, variety and differentiated. From a different point of view, Peter Western supports his arguments by separating the two terms pointing out that Rights are always individualized while equality are always social. In order to make his point justifiable, he reflected on the flows and certain ebb that existed between the ideas of Rights and equality. For example, Peter Western claims that, the framers of the United States Constitutions ranked and dismissed the use of the concept of equality. Thus, he argued that, the bill of rights could only be applied at that time since the notion of equality came with the visitors of Civil War.3 On a broad aspect, Peter Western sees equality as the law and moral proposition that treats people with a likeness depending on their actions and performances. In simple terms, according to Peter Western people should be dealt with morally the same, similar or equal to the treatment that they elicit to others. In contrast, Western values defined conditions and powers when defining the concepts of Rights and liberty. For instance, Western claims that, Rights provide immunity and exemptions as they possess the moral, custom and law sources. Through the moral equality, Western built the notion of the ‘’alike and unlike treatment’’ proportionally claiming that equality and justice are synonymous to one another. However, a clear determination and moral judgment on what should be treated as alike and unlike must be determined to make the Western arguments justifiable. Certain factors that exclude form and geometrical values are used to determine what to call alike and what to call unlike. For this reason, a standard rule or standard may be used to classify the likelihood for an individual to exist and treated in unlikely or unlikely manner. In this regard, Western goes further by providing a connection or relationship that co-exists between the concepts of equality and Rights. Conversely, Western argues that, equality is a derivative of Rights with both secondary and logically opposite. For this reason, two individuals can only be treated as equal if only they are confined to specific a rule that separates and compares the two terms. However, from the administrative point of view Western argues that the concepts and principles of equality cannot exist between the contents of supplied rule. In simple terms, Western meant that, the Uniform Administration of Rules does not comply with the formal elements of equality under a confined rule or element of justice. 4In addition, Western claims that equality has an additional demand when it comes to judgment on whether there is consistency or uniformity of the applied rule. I tend to oppose as from similar point of view, Western values the Equality and Comparative Rights in comparison cases where individual’s rights have been violated. Nevertheless, Western places his stance on the balance between comparative rights and equality by considering the definition of the two terms as identical.5In this regard, Western means that during the violation of an individual’s rights, there must be always ascertained in the relation of a person to those of others. However, Western contradicts himself by accepting the possibility of some rights being applied without necessary being contrasted to the concepts and principles of equality. For instance, he compares the rights for the veterans of the foreign wars, secured creditors, and the rights of members of racial minorities based on relative comparison assessment scores.6 Western claims further that, equality can be non-comparative in nature compared to the rights that are comparative in nature. However, he further explains that people intend to confuse the elements of relative rights posses some special relationship to the principles and concepts of equality. For this reason, Western convinces his target audience that, people intend to confuse the principles of equality to those of comparative rights because their comparative purses may tend to marry. In simple terms, Western portrays that, the statements of equality or inequality contains two comparative elements or something in reference to some external assessment criterion that must be met. In addition, western supports his theory by saying that, though some things may look different, they possess some features or properties that are quite relevant to an external criterion such as surface are and weights.7 On a broad front, western rule out the objections to his ideas of emptiness inequality by exposing out the comparison factors and controlling factors of relevance that are used in legal and ethical standard. For this reason, Western rule out the possibility to rely on the principles of equality as a quantitative assessment cannot be met based on the external criterion. Similarly, external standard of treatment are compared before placing them on the application making the method and the applicative method to be inappropriate for their respective purposes, time and form. In simple terms, Western meant that, equality are tested based on the controlling moral and legal standard while the rights concepts are tested based on the governing standards of treatment that makes the method even more appropriate.8 From a different point of view, qualitative comparisons rights have nothing to do with the inequality or quality for any rights holders if the quantitative comparison criterion of their credentials is not met. For example, the competing candidates’ credentials treatment violation can only be determined logically by their rights but not equality regardless of their moral and ethical relationship. However, Western compares the immunities and the privileges that value conditional rights in the American Constitution Article IV to possess some equality concepts. Western further argues that, the Constitution immunities and privileges clause are derived from equality concepts but their beneficial lack independent rights. For this reason, his rule out equality concepts application in respects that of rights principles (Peterson & Martin, pp 89). Western further ruled out the beneficial connection between the concepts of justice and equal as both the terms are entirely formal. For example, something may be considered equal, but in the real situation is full of unjust.9 In simple terms, the meaningful of justice exists only beyond the prepositions of moral and legal standards. In addition, someone ought to receive only the treatment he/she deserve rather than comparing the criterion of who possess similar treatment in order to reduce or increase the treatment of justice. However, the application of equality in law under the equal protection clause provides regulative criterions that must be adhered to a case ruling (Peterson & Martin, pp 47). Comparative, legal regulation requires classification of the constitutional norms or potential equality violation. Based on law regulative argument, Western stance remains to irrelevant as constitutional standard criterion distinguishes the boundaries of equalities and inequalities. For instance, fundamental rights suspects and cases classification cannot be ruled out in their forms and logic without referencing to the concepts of equality and justice. In addition, Western’s claims on equal protection based on race provide some bias in ruling out discrimination among different individuals. For example, treating the same individuals with the same treatments provoke the level of discrimination in relation to race and ethnicity.10 I believe equal protection rights classifications are presumed with plausible interpretations of equality. The assumption expresses judgment with a more moral significant than they actually exist. From a different point of view, Western claims that, the concepts of substantive rights in relation to equality concepts can be used as a language and product of equality (Peterson & Martin, pp 63). Similarly, the fallacy of equivalences that justifies a particular moral or legal conclusion after any rise of a legal issue can be solved out. For example, retaining equality as a formal form of authorities may not be much constructive as equality contains multiple treatment remedies compared to justice or comparative rights. However, Western argues that equality cases or issues cannot be justified in a single treatment or remedies.11 Conversely, Palmer theory undermines Western theory of ‘’the emptiness in the equality’’ by dramatizing the identity that exists between the substantive rights and the remedies or treatments of equality. However, Palmer adds that substantive rights are incorporated into references for their actions though inequalities or a harmful classification must be replaced by those that eliminate substantive harm. In this regard, the misuse of the term equality invites errors rather than compelling the errors.12 I tend to oppose as, Western stance on equality and his argument appears to suffer from argumentative paradox based on the ideas that any alteration of equality norm to that of comparative rights affects decision-making greatly. For instance, the shift from rights and equality in the courses of decision-making or the two terms are not substantially interchangeable as claimed by Western position cannot be ignored. 13However, Western’s position that the like must be treated as alike with the idea of formalness or emptiness. In addition, western’s theory claimed that equality differs from rights, and the two terms serves as the opposite of one another. From Western stance on a strong ground, that equality derive itself entirely from substantive rights content and does not affect the substance of legal decision-making. Similarly, Western claims that the elements of equality are only dependent on the moral and ethical values while on the contrary rights are dependent on the legal reference. Based on his stance, Western argues that equality comes as a separate and an independent formal norm and contains multiple unique treatments and standards of its own that must be respected. 14In general, the concept of equality in reference to Western’s theory or standards is inherent and supports two classes of individuals to receive equal treatment or protection under the conflicting law or justice. Conclusion Peter Western’s ideas on the emptiness of equality are extremely useful and proactive. However, since Western’s standards are logically posterior to the principles or concepts of equality, I oppose Westerns stance as equality and rights are derivatives of one another and the two terms cannot be compared as being opposite of one another. In addition, both the terms affect decision-making substantively. Reference Laycock, Douglas. Religious Liberty. Grand Rapids, Mich: W.B. Eerdmans Pub. Co, 2010. Peterson, Martin. 'The empty idea of equality' (1982) 95 Harvard Law Review 537. Shang, Biwu. "Ethical Criticism and Literary Studies: a Book Review Article About Nie's Work." Clcweb: Comparative Literature and Culture. 15.6 (n.d.). Tobler, Christa. Indirect Discrimination: A Case Study into the Development of the Legal Concept of Indirect Discrimination under Ec Law. Antwerpen [u.a.: Intersentia, 2005. Read More