SOSC 2350 Study Guide - Taylor Report, Culture Shock

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23 Apr 2013
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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. 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.