The Concept of Equality
The Concept of Equality
Equality issues * Equality = justice/ * No – identical rights, opportunities + treatment * = impractical + not desirable
e.g. young offenders have special treatments (immature) * Gaps in equality (preferential treatment) * Appropriate serve moral + social goals in society. * Individual differences = social + economic inequalities * Justice treating everyone equally regardless of differences * Differential treatment or discrimination = inescapable + desirable * In some cases ↓ BUT NOT
PREJUDICIAL
PRACTICES ↓ * Age, marital status, sex, sexual orientation, race, culture, religion discrimination on these = offensive ↓ socially + legally unacceptable * Born with advantages + disadvantages * Although absolute equal treatment seems ideal * Cannot be in justice system
In the courts: Plessy v. Ferguson A. Substantive (Why) + Procedural Justice (How)? * No – he was only prosecuted BECAUSE he was considered to be of a different race & therefore substantive justice was not carried out. * Yes – he was prosecuted as any other person charge with his crime would be. B. The Court’s Justification * Claims that 14th amendment’s rights are only afforded to those who are not “inferior” to whites. ↓ if they are inferior they should not be treated equally * Questions raised
( 14th amendment)“equal protection of the law” * How can they claim this or any other part of the 14th amandement? *
Equality issues * Equality = justice/ * No – identical rights, opportunities + treatment * = impractical + not desirable
e.g. young offenders have special treatments (immature) * Gaps in equality (preferential treatment) * Appropriate serve moral + social goals in society. * Individual differences = social + economic inequalities * Justice treating everyone equally regardless of differences * Differential treatment or discrimination = inescapable + desirable * In some cases ↓ BUT NOT
PREJUDICIAL
PRACTICES ↓ * Age, marital status, sex, sexual orientation, race, culture, religion discrimination on these = offensive ↓ socially + legally unacceptable * Born with advantages + disadvantages * Although absolute equal treatment seems ideal * Cannot be in justice system
In the courts: Plessy v. Ferguson A. Substantive (Why) + Procedural Justice (How)? * No – he was only prosecuted BECAUSE he was considered to be of a different race & therefore substantive justice was not carried out. * Yes – he was prosecuted as any other person charge with his crime would be. B. The Court’s Justification * Claims that 14th amendment’s rights are only afforded to those who are not “inferior” to whites. ↓ if they are inferior they should not be treated equally * Questions raised
( 14th amendment)“equal protection of the law” * How can they claim this or any other part of the 14th amandement? *