LAW 012JUSTICE AS EQUALITY

WHAT IS EQUALITY?

• Same status, level, rights, protections BUT

• World full of inequality(Nagel)

• Hart sees principle of equality is an underlying essence of justice.

EQUALITY IN ISLAM

• The believers are but brothers, so make settlement between your brothers. And fear Allah that you may receive mercy. (Al-Quran: Al-Hujurat 49:13)

• O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted. (Al-Quran: Al-Hujurat 49:13)

• Principle of musawat ; equality before the law and rights & duties

TYPES OF EQUALITY

• Freedom – right to life, movement

• Welfare – protect interest of poor people, affirmative action.

• Resources – country’s wealth

• Political – freedom of speech, expression and association.

AIM OF JUSTICE: EQUALITY

• All people should be treated equally unless there is some significant differences between their cases.

• Thus,justice and equality require rules to set out how classes of people should be treated. E.g:-

• All murderes will be hung

• Insane adult can plead the defence of unsoundness of mind in criminal case

All people should be treated equallyTo ensure equality, the doctrine of stare decisis (judicial precedent) is followed in the courtroom, i.e. similar cases will apply similar legal principles to ensure consistency and equality in decisionsJustice and equality require rules, setting out how categories or classes of people should be treatedArticle 8 Federal Constitution:

“All are equal before the law and entitled to equal protection. No discrimination against citizen on the grounds of race,

religion, gender, place of birth etc”

JUSTICE AS EQUALITY

THINK OF JUSTICE AS EQUALITY

• Justice as equal treatment: Everyone should be treated equally. What does this means?

• If a special needs child is placed in a separate class is the child being treated equally?