Formal equality is the only equality any legal system can guarantee

Evidence

Moreover, many kinds of de facto equality are beyond the capacity of any legal system to secure, and may even be undesirable to try to secure. But every legal system is capable of arriving at the simple ethical, or religious, judgment that the moral worth of one normal human is the same as thht of any other. And every system is capable of supporting this judgment by the recognition of formal equality before the law. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4437

Categorization

  • QUESTION: The claim that de facto equality is ‘beyond the capacity’ of legal systems and ‘may even be undesirable to try to secure’ invites examination against the reader’s polyad interest in environmental justice and material inequality.
  • XREF: connects to: General incorporation laws dissolved a major instrument of social control — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4449; Formal legal equality cannot deliver justice without social equality — Rolf Wiggershaus, The Frankfurt School: Its History,…, 958; Formal legal equality leaves substantive social inequality untouched — Rolf Wiggershaus, The Frankfurt School: Its History,…, 959 (+11 more)

Broader Connections