From Formal to Material Equality: Comparative Perspectives from History, Plurality of Disciplines and Theory

Equality has been seen as the core of any quest of justice since Aristotles Nicomachian Ethics, but equality in status has only been achieved in modern times. This book explores these issues, from general equality to equality in personal status, and the change from formal to material concepts of equality. It discusses how the equality of indigenous people in Latin America was originally developed as a postulate on the basis of the Bible and became a rule of natural law and a powerful political value in the French Revolution and the US. It also discusses whether an absolute equality right exists nowadays and how to integrate equality into economics and sociology.

Format: Paperback / softback
Length: 140 pages
Publication date: 12 January 2023
Publisher: Intersentia Ltd

Equality has been considered the cornerstone of any pursuit of justice since Aristotle's Nicomachean Ethics. While achieving situational equality was relatively straightforward, attaining equality in status remained a challenge until modern times. The father of ethics and his systematic exploration of the concept of justice did not raise any objections to foreigners without rights, women as second-class citizens, or the enslavement of people. Neither did antiquity, the medieval era, nor even the high Renaissance. The principle of suum cuique, which treats equal issues equally and unequally, had been in place since ancient times, and Cicero advocated for it. However, the recognition of personal status as a target of equality concerns took time to develop.

Related to this, there was no agenda designed to achieve a paradigm that goes beyond mere formal equality, which merely implies treating the same things formally the same. Instead, the material quest for equality has emerged as a vision only recently. This book delves into these topics, encompassing general equality, equality in personal status, and anti-discrimination. It explores these issues both in terms of time and theoretical approaches.

In the historical context, it describes how the equality of indigenous people in Latin America was initially established as a postulate based on the Bible's assertion that all men are similar to God. This postulate later became a rule of natural law and a powerful political value during the French Revolution and in the United States. It was even enshrined as a posited law.

In the realm of philosophical thought, two particular questions are discussed. The first concerns the possibility of providing more material protection for freedom, not only for individuals but also for society as a whole. The second question explores whether such protection can be achieved without compromising individual freedom.

ISBN-13: 9781839702778