LLB104 Study Guide - Final Guide: Commonwealth V Tasmania, Sex Discrimination Act 1984, White Australia Policy
Document Summary
The wording of the law should not distinguish between individuals. Substantive equality aka equal opportunity, takes into account differences between individuals, when determining the fitness of an idea. Comes from critical theory eg feminism, race theory. That every member of the community has the same fundamental legal rights and obligations, regardless of gender, age, sexual orientation, cultural background, income, family connections or occupation. James and field, the new lawyer , 2013, p 78. Then consider potential criticisms of your position, e. g. law tends to reflect the values and morals of those who make it: generally educated, western, white males (critique of formal equality using feminism) Reasonable person test usually reflects dominant group values, excluding those not part of the dominant group (critique of formal equality using critical race theory) Are there some circumstances in which different laws should apply to different groups of people in society? (application of substantive equality)
