Equality before the law

Lore & Background

The principle of equality before the law, also known as legal egalitarianism or isonomy, requires that all people receive equal protection and due process under a systematic rule of law, with no individual or group privileged over others. This principle is incompatible with systems of slavery, servitude, colonialism, oligarchy, aristocracy, or absolute monarchy. It is a basic tenet of some definitions of liberalism. The Universal Declaration of Human Rights states that all are equal before the law and entitled without discrimination to equal protection. Most national constitutions guarantee equality, though specifics vary; for instance, few mention equality regardless of nationality. Historically, the legalist philosopher Guan Zhong declared that monarch and subjects complying with the law would bring great order. Pericles’ funeral oration praised equal justice among free male citizens of Athens. The Bible commands that the same laws apply to foreigners and natives. The US state of Nebraska adopted “Equality Before the Law” as its motto in 1867, symbolizing rejection of slavery and voting rights for Black men, and later extended to LGBT rights. The South African Freedom Charter demanded all be equal before the law. In Japan, a law penalizing parricide was ruled unconstitutional for violating equality. John Locke described a state of equality where no one has more power than another. Alexander Hamilton argued all men share one common nature and right, with no reason for one to rule another without consent. Herbert Spencer defined it as each person’s liberty to exercise faculties compatible with equal liberty for others. Feminist views hold that formal legal equality may not achieve actual social equality between women and men.

Reader's Guide

Equality before the law is a foundational concept in modern legal systems, enshrined in Article 7 of the Universal Declaration of Human Rights and in most national constitutions. However, specific implementations vary; for example, while many constitutions guarantee equality regardless of race, only a few mention equality regardless of nationality. The principle has been invoked in landmark cases, such as the 1973 Japanese Supreme Court ruling that declared Article 200 of the Criminal Code (penalty for parricide) unconstitutional for violating equality under the law. In the United States, Ruth Bader Ginsburg challenged laws that gave health benefits to wives of servicemen but not to husbands of servicewomen, arguing for gender equality before the law. The principle remains a subject of philosophical debate, particularly within feminism, where some argue that formal legal equality alone is insufficient to achieve actual social equality between women and men.

Did You Know?

• Article 7 of the Universal Declaration of Human Rights states: 'All are equal before the law and are entitled without any discrimination to equal protection of the law.'