The Empty Idea of Equality

The principle of equality - that likes should be treated alike - has been a fixture of Western thought for thousands of years. In this Article, Professor Westen argues that the endurance of the principle is due to the fact that it is empty of content. For the principle to have meaning, it must incor...

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Bibliographic Details
Published in:Harvard law review 1982-01, Vol.95 (3), p.537-596
Main Author: Westen, Peter
Format: Article
Language:English
Subjects:
Civil rights
Due process of law
Equal protection
Equal protection clause
Equality
Justice
Karsts
Liberty
Moral principles
Morality
Rationality
Respect
Statutory law
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Summary:The principle of equality - that likes should be treated alike - has been a fixture of Western thought for thousands of years. In this Article, Professor Westen argues that the endurance of the principle is due to the fact that it is empty of content. For the principle to have meaning, it must incorporate some external values that determine which persons and treatments are alike, but once these external values are found, the principle of equality is superfluous. Worse, equality tends to cause confusion and logical errors. Consequently, Professor Westen concludes, the rhetoric of equality should be abandoned.
ISSN:0017-811X
DOI:10.2307/1340593