Just curious. When I was 16, I seemed to know exactly what it was. I'm a lot less sure these days.
Laws should affect every citizen equally. Passing laws that affect only certain groups or segments of the population are NOT good for protecting our freedoms and in fact often threaten them, but they are often very popular... Any laws that cannot affect all equally, should not be written or even considered for that reason.
The law is simply an extension of sovereign will, yes? And "sovereign will" (the body politic, voice of the people, etc.) must necessarily reflect the norms and values of the society from which it originates? And no society has ever existed in which all component people (residents, citizens, slaves, nobles, etc.) are treated completely equally, by simple measure of norms and values. Racial and sexual stereotypes still exist today, and must be broken down by way of education and example before the law may treat all completely equally.
In essence, what I'm saying is, you can make the law equal for all, but that does nothing to correct social problems. We could impose the sort of legal equality you're talking about tomorrow and stand around, nodding at ourselves for doing such a great job, while discriminated minorities like homosexuals find that an equal law system doesn't afford them equality in an unequal society.
You make good points but they refer to a failure in society and not the law. You cannot legislate away hatred, intolerance or otherwise undesirable emotions - only actions.
My point would be that justice is supposed to blind... she's not peeking out from under her blindfold to see if you're a discriminated minority - thats not her job - she is supposed to afford the same rights, under the law, equally to everyone.
Additionally, I think you have it backwards:
The law must treat all people equally so that society can come to realize, by way of education and example, that nobody is better than the next person in the eyes of our government. If we wait around for society to treat everyone equally - there will never be equitable law.
And Vyo, you seem to rarely post... so I'm honored my comments elicited a response from you.
If you're a human being there is no such thing as freedom. "Free" is the ability to do anything and everything; only animals are free. Human beings possess the capacity to emotionally reason and so they are liberated. Liberty is the abiltiy to make reasoned decisons for yourself; it is a choice from among some just choices. A choice is not ever forced upon you; due to its very nature you freely choose for yourself - if your nation is a nation that, as one poster pointed out, has actual universal law that applies to all equally.
We do; we have refused to apply it justly and we have refuse to live it out. It is my personal belief that one of the very worst things to happen in this nation over the past few decades was to convince children that life was matter of fairness instead of justice and that free is the same as liberty.
I was sickened when I saw that battleship with the giant banner proclaiming "Operation Iraqi Freedom" as if you expect people to act like animals they will. The first guy I'm going to fault after the whole Congress? The guy who named it that instead of "Operation Iraqi Liberation".
Liberty enables you to defy authority and to defy any outside conditions forced upon you by the state that are not just. Free? You become a slave to any person you call an authority and the outside things own you.
Americans are more concerned with little issues such as having the freedom to not wear a seatbelt in a car more than they are concerned about giving all their citizens the right and especially the abiility to attain what was the minimum and should be the minimum for all civilized countries.
That is the right to life, liberty, and the pursuit of happiness. Americans have become traitors to their own constitution. But they will continue to bow to the american way and raise their collective asses to be booted by the relatively few rich among them.
Entertaining if nothing else!
The law is simply an extension of sovereign will, yes? And "sovereign will" (the body politic, voice of the people, etc.) must necessarily reflect the norms and values of the society from which it originates? And no society has ever existed in which all component people (residents, citizens, slaves, nobles, etc.) are treated completely equally, by simple measure of norms and values. Racial and sexual stereotypes still exist today, and must be broken down by way of education and example before the law may treat all completely equally.
In essence, what I'm saying is, you can make the law equal for all, but that does nothing to correct social problems. We could impose the sort of legal equality you're talking about tomorrow and stand around, nodding at ourselves for doing such a great job, while discriminated minorities like homosexuals find that an equal law system doesn't afford them equality in an unequal society.
I get a kick out of the mental muddle of some people here. Libs like to claim there is no such thing as freedom, because they are the ones that take it away, and need "intellectual" cover. There are the people who confuse freedom with anarchy, ie you aren't free because you can't punch someone else. Then there are those that try to concoct supposed contradictions by disconnecting property ownership from freedom "you are free to drive on the highway IF you follow the rules". Lots o' laughs here!
seems the subtleties and nuances escape the author of above.