The Foundations of Morality

The problem of equality vs. inequality has been touched upon in the preceding chapter on Justice, and will be dealt with again when we come to compare the ethical merits of capitalism and socialism. But it may be instructive to consider it briefly in a chapter by itself.

The problem may be stated thus: Why does “justice” sometimes seem to call for equality of treatment, and sometimes for inequality of treatment? Is this as inconsistent as it seems on its face? Or are we here applying the terms equality and inequality in two different senses—or in two different frames of reference?

A number of highly important practical consequences follow from this recognition of unequal endowments. One of them is inequality of treatment in many respects. It is not “just,” but foolish, to try to give the same education to mentally retarded children and to exceptionally gifted children. We may be wasting our time on the former and failing to develop the potentialities of the latter. We may be hurting both. In that case we are being unjust to both. Similarly, we are wasting time and energy (our own and that of others), as well as being unjust, when, ignoring natural endowments or propensities, we try to force a potential scientist to be an artist or a potential artist to be a scientist.

So much for the necessity, and the appropriate sphere, of inequality of treatment. We come now to the necessity, and the appropriate sphere, of equality of treatment, or at least of consideration. All men are not born biologically equal, but in a just society they are born, or should be born, equal in rights. To say this is to say that all men are, or should be, equal before the law. And to say this, in turn, is to say that the law should be general in application, and should never allow arbitrary exceptions.

That in a theater fire I (whoever I am) should be allowed to be the first to get to the exit; that in a sea disaster I should be in the first lifeboat; that at a street crossing I should be allowed right of way regardless of lights or rules; that at a buffet dinner I should always be the first to help myself—this is what the moral rule of equality cannot permit. The common interests requires that order and precedence in these matters must be governed by general rules applied to and enforced on everyone. We cannot allow exceptions. Or rather, whatever exceptions are permitted (e.g., in traffic, to fire engines, ambulances, police cars) must be exceptions made by rule in the general interest, not merely in the special interest of the persons excepted. If everybody were to treat himself as an exception there would be a mad rush for the fire exits, a furious scramble for the lifeboats, a traffic jam and constant accidents, a disorderly, ill-mannered, and degrading rush to the buffet table, which would make things worse for everybody.

Equality in this sense means the refusal to allow exceptions, or to allow exceptions for any other than the general interest, and never merely for the interest of the exception himself. Equality in this sense means not only the rule of justice; it means the rule of law and order. It is merely another way of insisting on the strict adherence to general rules. The exceptions must be permitted only for reasons relevant to this purpose, and never for irrelevant reasons either of social rank or individual superiority.

In other words, to say that we should be subject to general laws is to say that these laws should apply equally to everybody. “Equality before the law” can perhaps be a misleading phrase. It is the laws that are equal in application. There is no implication that the persons subject to the law are equal in any other respect than their right to equality of treatment in the application of the law. There is no implication in this that “all men are born equal.” This dubious premise is not needed to establish the utility and justice of equal treatment by the law.

Equality before the law might be stated in still another way. It is symbolized in the statues which show Justice blindfolded, holding a pair of scales. This does not mean that Justice is blind to everything else but the merits of the case. It means that everything else is to be ignored but compliance or noncompliance with a general abstract law, or abstract considerations of equity in a particular case. It means that race, color, religion, and all other qualities or differences in status or wealth or ability of the litigants are to be dismissed as irrelevant. Such differences are never to be recognized or seen by Justice.

In brief, there is no inconsistency in pointing out that justice sometimes demands Equality and sometime Inequality, provided we keep clearly in mind in what respect treatment, consideration, or reward should be equal or unequal. Everything depends upon the frame of reference.