ABSTRACT

To a lawyer in the United States today, the concept of equality must appear as a potent force in their nation's progress toward the achievement of justice. Indeed, equality might well seem to be the essence of justice, since in so many critical areas of reform, equality has been the expressed legal-philosophical justification for change. The most obvious examples are found in the dramatic movement toward justice for Negro citizens. One can gain some initial insights into the relationship between equality and justice by first considering the connections between equality and liberty. The justice implied by equality is a relational or comparative kind of justice, and therein lays both the significance and the limitation of equality in the quest for justice. Equality is considerably less than synonymous with justice. Indeed, it is possible to have equality without justice, and it is also possible to have justice without equality.