POLC68H3 Lecture Notes - Lecture 12: Noncustodial Parent, Old Age Security, Income Tax
15 Mar 2017
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Formal equality #1 generally thought to exist when the laws treat all to whom they apply, the same. This idea which maclovr calls formal equality goes all the way back to aristotle. His view meant treating likes alike and unlikes unlike. If two people are part of the like group then they get treated the same way, if you two people are different then they both get treated differently, that equality and that"s what justice requires. The kind of formal equality we have in today"s society. This is when the law applies to all people the same, without regard to distinctions. In this regard we would treat people of all religious backgrounds in the same way. The law is facially neutral on its surface. Example: amselem (religious case) quite easy to see sometimes b/c laws have differential effects. Laws that seem neutral on the surface in fact import certain kinds of considerations that result in inequality.
