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Vol. 3 No. 1 (2025): The dimension of equality in fundamental rights

What is equality?

DOI
https://doi.org/10.61542/rjch.147
Submitted
June 16, 2025
Published
2025-07-14

Abstract

This article offers a critical analysis of the concept of equality, exploring its multiple interpretations and key distinctions within Western thought. It seeks to clarify conceptual ambiguities that often hinder constructive debate on social justice. Two main forms of equality are discussed: simple equality, which assumes identical treatment regardless of differences, and proportional equality, which allocates resources based on relevant attributes such as effort, need, or ability. Drawing on Aristotle’s philosophy and modern developments, we examine how both notions coexist and interact, especially in contexts of distributive justice. The paper also explores normative principles used to justify social distributions: contribution, need, benefit, and capacity. It argues that clarifying these categories enables partial consensus on fairness, crucial for designing equitable public policies. The article combines philosophical depth with practical relevance, offering a useful framework for navigating contemporary challenges related to equity and justice.

References

  1. Aristoteles (1984). Nicomachean ethics (I. Bywater, Ed.). Oxford University Press. (Original work published ca. 350 B.C.E.)

  2. Gosepath, S. (2015). The Principles and the Presumption of Equality. En C. Fourie, F. Schuppert, I. Wallimann-Helmer (eds.), Social equality: on what it means to be equals (pp. 167-185). Oxford University Press.

    DOI: https://doi.org/10.1093/acprof:oso/9780199331109.003.0009
  3. Niimura, S. & Tagami, K. (eds.) (2021). An Introduction to the Philosophy of Equality. Shakai Hyouron Co.

  4. Radbruch, G. (1950). Legal Philosphy. En Wilk, Kurt (Ed. Y Trad.), The Legal Philosophies of Lask. Harvard University Press.

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