European continent substituted formal legal equality for real equality of condition

Evidence

For me, the question of the equality of races, peoples, or cultures has meaning only if we are talking about an equality in law, not an equality in fact. In the same way, men who are blind, maimed, sick, feeble-minded, ignorant, or poor [one could hardly be nicer to the non-Occidentals] are not respectively equal, in the material sense of the word, to those who are strong, clear-sighted, whole, healthy, intelligent, cultured, or rich. — Aimé Césaire, Discourse on Colonialism, 236 (#expands, via linked claim)

Categorization

• XREF: connects to: Formal legal equality coexists with justified second-class treatment for Muslims.; The Rule of Law values predictability and uniformity over individual justice — Frederick Schauer, Thinking Like a Lawyer, 61; Colonial discourse distinguishes legal equality from factual inequality to justify hierarchy — Aimé Césaire, Discourse on Colonialism, 236 (+11 more)

Related

• Colonial discourse distinguishes legal equality from factual inequality to justify hierarchy (similarity 0.85)
• Formal equality is the only equality any legal system can guarantee (similarity 0.80)
• Formal legal equality obscures real inequality because equivalence as a legal norm ignores difference (similarity 0.79)
• Legal equality before the law requires negating actual individuality (similarity 0.79)

Broader Connections

• Formal legal equality coexists with justified second-class treatment for Muslims. #exemplifies (0.95)
• Colonial discourse distinguishes legal equality from factual inequality to justify hierarchy #expands (0.90) — Aimé Césaire, Discourse on Colonialism, 236
• The class system coexisted with political equality and blocked republics #qualifies (0.80)
• The Rule of Law values predictability and uniformity over individual justice #complicates (0.75) — Frederick Schauer, Thinking Like a Lawyer, 61
• Equality plus recognition of difference must avoid both liberal atomism and absolutist community #complicates (0.75)
• Individual uniqueness as a value denies equality rather than grounds it #qualifies (0.70) — Georg Simmel, on individuality and social forms_…, 690