Unit 5
The Concept of Equality

Overview

Perhaps no other legal concept has so captured society’s imagination and illuminated its divisions as equality. As the materials in this unit demonstrate, equality was a concern for ancient philosophers just as much as it is for people in the 21st century. Equality may be described in many ways, and it does not mean the same thing to everyone. This unit will introduce you to some of the most important debates in equality theory.

Learning Objectives

After completing this unit, students should be able to

1. explain the Aristotelian concept of equality, also known as the “similarly situated” test.
2. identify and discuss the potential limitations of formal equality.
3. identify the significance of a sameness versus difference approach to women’s equality.