||This article may require "cleanup to meet Wikipedia's "quality standards. The specific problem is: grammar (December 2014) ("Learn how and when to remove this template message)|
|Part of "the Politics series on|
Equality before the law, also known as: equality under the law, equality in the eyes of the law, or legal equality, is the principle that establishes that each independent human being must be treated equally by the law (principle of "isonomy) and which all people are subject to the same laws of justice ("due process). therefore, the law must guarantee that no individual or group of individuals should be privileged or discriminated by the government. Law also raises important and complex issues concerning equality, fairness, and "justice. There is an old saying that 'All are equal before the law.' The author "Anatole France said in 1894, "In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread." The belief in equality before the law is called legal "egalitarianism. The principle of equality before the law is incompatible and ceases to exist with legal systems such as "slavery, "servitude, "colonialism, "monarchy, "theocracy, "progressive taxes, "quotaism or any kind of "affirmative action.
Thus, everyone must be treated equally under the law regardless of "race, "gender, "national origin, "color, "ethnicity, "religion, "disability, or other characteristics, without "privilege, "discrimination, or "bias. The general guarantee of equality is provided by most of the world's national constitutions (read the provisions here), but the specifics vary widely. For example, while many constitutions guarantee equality regardless of race (read the provisions here), only a few mention the right to equality regardless of nationality (read the provisions here).
The 431 BCE "funeral oration of "Pericles, recorded in "Thucydides's "History of the Peloponnesian War, includes a passage praising the equality among the "free male citizens of the "Athenian democracy:
If we look to the laws, they afford equal justice to all in their private differences; if to social standing, advancement in public life falls to reputation for capacity, class considerations not being allowed to interfere with merit; nor again does poverty bar the way
More common in antiquity was violent repression of even basic equality. Despite the "recent overthrow of the "Roman monarchy and the establishment of the "Roman Republic and "sacrosanct "Tribunes of the Plebs, "Cincinnatus's son "Caeso led a gang that chased plebs from the "forum to prevent the creation of equitable written laws. In Rome's case, the organization of the plebs and the patricians' dependence upon them as both laborers and soldiers meant the "Conflict of the Orders was resolved by the establishment of the "Twelve Tables and greater equality. Notionally, all "citizens except the "emperor were equal under "Roman law in the "imperial period. However, this did not obtain throughout most of the world and, even in Europe, the rise of "aristocracies and "nobility created unequal legal systems that lasted into the modern era.
Classical liberalism calls for equality before the law for all persons. Classical liberalism, as embraced by libertarians and modern conservatives, opposes pursuing "group rights at the expense of "individual rights. Lockean liberalism (the foundation for classical liberalism) is interpreted by others, however, as including social rights and responsibilities.
Equality before the law is a tenet of some branches of feminism. In the nineteenth century, gender equality before the law was a radical goal, but later feminist views may hold that formal legal equality is not enough to create actual and social equality between women and men. An ideal of formal equality may penalize women for failing to conform to a male norm, while an ideal of different treatment may reinforce sexist stereotypes.
In 1988, prior to serving as a Justice on the U.S. Supreme Court, Ruth Bader Ginsburg wrote: "clarification needed]". In an "ACLU's Women's Rights Project in the 1970s Ginsburg challenged, in "Frontiero v. Richardson, the laws that gave health service benefits to wives of servicemen but not to husbands of servicewomen.There are over 150 national constitutions that currently mention equality regardless of gender (click here to explore the provisions).["
Article 200 of the "Criminal Code of Japan, the penalty regarding "parricide, was declared unconstitutional for violating the equality under the law by the "Supreme Court of Japan in 1973, as a result of the trial of the "Tochigi patricide case.