Universal equality makes equal enforcement rights logically unavoidable

Evidence

And if any one in the state of nature may punish another for any evil he has done, every one may do so: for in that state of perfect equality, where naturally there is no superiority or jurisdiction of one over another, what any may do in prosecution of that law, every one must needs have a right to do. — , Second Treatise of Government, 18

Categorization

• SEED: Article angle: ‘the trouble with symmetrical rights’ — how Locke’s move from equality to universal execution rights generates the very problem government is meant to solve.
• XREF: connects to: Formal legal equality cannot deliver justice without social equality — Rolf Wiggershaus, The Frankfurt School: Its History,…, 958; Formal equality is the only equality any legal system can guarantee — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4437; Formal equal right applied to unequal individuals necessarily produces inequality. — Jessica Whyte, The Morals of the Market: Human Rights…, 416 (+9 more)

Broader Connections

• Formal legal equality cannot deliver justice without social equality #complicates (0.95) — Rolf Wiggershaus, The Frankfurt School, 958
• Formal equal right applied to unequal individuals necessarily produces inequality. #corroborates (0.95) — Jessica Whyte, The Morals of the Market, 416
• Legal equality before the law requires negating actual individuality #complicates (0.95) — Dirk Braunstein, Adorno’s Critique of Political Economy, 793
• Formal legal equality obscures real inequality because equivalence as a legal norm ignores difference #corroborates (0.95) — Dirk Braunstein, Adorno’s Critique of Political Economy, 786
• Formal legal equality leaves substantive social inequality untouched #corroborates (0.95) — Rolf Wiggershaus, The Frankfurt School, 959
• Systematic minority discrimination inevitably undermines the impartiality of the rule of law #complicates (0.95) — Nadim N. Rouhana and Nadera Shalhoub-Kevorkian, When Politics Are Sacralized, 1382
• Equality plus recognition of difference must avoid both liberal atomism and absolutist community #corroborates (0.95)
• Formal equality doctrine becomes a weapon against material equality #corroborates (0.95) — Rolf Wiggershaus, The Frankfurt School, 959
• Formal equality in the right to communicate masks actual communicative injustice #corroborates (0.95) — Dirk Braunstein, Adorno’s Critique of Political Economy, 992
• Equal legal penalties produce radically unequal material consequences #corroborates (0.95)
• European continent substituted formal legal equality for real equality of condition #expands (0.95)
• Formal equality is the only equality any legal system can guarantee #contradicts (0.90) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4437