Laurence Moss wrote:
>To have a concept of "equality before the law" as aspirational is important
>and what distinguishes Western civilization from many other cultures is this
>commitment to individual equality before the law. The idea of human rights is
>all about protecting individuals (often young women) from the stoning of their
>brothers and family members. Human rights ideas include the right of an
>individual to leave his or her family and territory. All cultural values are not equal.
Some are awful. Footbinding is awful. Stoning and mutiliation of
>children is awful. I have a longer list but enough.
>
>As Hayek wisely reminded us about existing differences among peoples, to
>produce some ideals of equality necessarily means treating individuals differently before
the law. When the law had one law for one group and a different set of laws for another
group, something important about fairness might be lost. The U.S. Supreme Court debate
over the last several decades dramatizes the wisdon of Hayek's insights. The Court does
see the value in equal treatment before the law and accepts the opposite idea of treating
individual preferentially only in specific and limited circumstances.
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Hayek and others argue for individualism as a basis of social science.
Does not the existence of corporate bodies (collectivities) make these
ideas inapplicable for modern society? No matter how much the law tries
to pretend that they are individuals.
Rod Hay