Equality before the law

Equality before the law or equality under the law or legal egalitarianism is the principle under which each individual is subject to the same laws, with no individual or group having special legal privileges. Legal egalitarianism admits no class structures entail separate legal practices. Thus, canon law, star chambers, and aristocracy are alike forbidden, and the testimony of all persons is counted with the same weight. This political development arose in the 18th century in both the United States and France after their revolutionary periods. It was a radical development, as it negated the former feudal and aristocratic foundations.

According to the eminent Austrian economist Friedrich Hayek, equality before the law and material equality are incompatible, arguing that material inequality is a natural consequence of legal equality: "From the fact that people are very different it follows that, if we treat them equally, the result must be inequality in their actual position, and that the only way to place them in an equal position would be to treat them differently. Equality before the law and material equality are therefore not only different but are in conflict with each other; and we can achieve either one or the other, but not both at the same time". It also follows that, "Our argument will be that, though where the same must use coercion for other reasons, it should treat all people alike, the desire of making people more alike in their condition cannot be accepted in a free society as a justification for further and discriminatory coercion."

See also

• Rule of law
• Liberal democracy

References

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