Study Guides (238,094)
Canada (114,915)
York University (9,812)
SOSC 2350 (46)
Dena Demos (23)

Is substantive equality inconsistent with the rule of law-1.doc

2 Pages
Unlock Document

York University
Social Science
SOSC 2350
Dena Demos

7. Is substantive equality inconsistent with the rule of law? In answering, think about what helps to represent law as authoritative and ‘true’ and judicial decisions as democratically legitimate. Make sure to answer by drawing on relevant course readings. Structure: Define Terms Explain terms/Elaborate Make connections between terms Include course material Substantive equality is equality by treating people differently to account for the inequality of their differences/situations. The rule of law states that regardless of social hierarchy, age, sex, gender, all are equal in the eyes of the law and thus should face equal penalties/sanctions. The rule of law follows a formal approach to equality whereby it looks at all as equal under the law and fails to accommodate for individual differences or circumstances. Therefore substantive equality is inconsistent with the rule of law because it fails to acknowledge differences in society because it follows a concept where equality is viewed as treating everyone the SAME. In most societies, law follows a formal approach rather than substantive because it is the attempt at achieving a neutral and objective legal based system. Any exceptions made are viewed as flaws in the legal system because it is inconsistent with the concepts set out in the rule of law where all are EQUAL regardless of ANY CIRCUMSTANCE. However, this approach is also flawed especially i
More Less

Related notes for SOSC 2350

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.