ABSTRACT

This chapter contains comments on Professor Bedau's article, "Egalitarianism and the Idea of Equality". It considers "equality" independently of Professor Bedau's analysis. The chapter suggests major differences in the way in which philosophers and members of the legal profession view the problem of equality. It argues that egalitarians will have to choose between demanding equality of civil liberties and political rights, of opportunities and consideration, on the one hand, and, on the other, equality in personal goods, economic power, and living conditions. The chapter discusses equality as it appears from the vantage point of a lawyer or at least a teacher of law and, incidentally, will provide some contrast with the approach employed by Professor Bedau. The more difficult question relating to validity under the equal protection clause derives from the fact that it is a private individual who is discriminating, and the terms of the fourteenth amendment apply only to "States".