Problem of Equality

The first issue to be considered is which theoretical approach to the problem of equality should be adopted to ensure equality under the law for all members of society. This question has been considered for some time and has voices raised on all sides. Each approach has to consider issues of gender and race as they impact on the nature of equality in a given society. We have to ask what sort of society we want and then how to achieve it. Clearly, we want a society where equality prevails, and the symmetrical approach would seem to be the way to achieve equality, which by definition would be symmetrical. However, we may need to institute an asymmetrical approach in order to correct past abuses and neglects, and this would mean a mixed approach, with a period of asymmetrical emphasis leading to the symmetry we profess to desire. In either case, the equality we seek is equality before the law and in social relations, not equality in the sense of leveling all differences or distinctions, as Wasserstrom makes apparent.

Wasserstrom clearly addresses the basic issue of what sort of society we want in the first place. He is also very clear about where we desire equality to be manifested. He cites three levels or areas of social and political arrangements and activities: the area of basic political rights and obligations; the are of less primary institutional benefits and burdens of both governmental and non-governmental type; and the area of individual social interaction. H

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e-centrism at work which is not easily dislodged and which prevents us from achieving a symmetrical society, at least in the immediate future. Littleton refers to symmetrical theories of sexual equality and finds that there are two versions, one assimilation and the other androgyny. Assimilation has been often accepted by the courts and states that the law should require social institutions to treat women as they treat men. Androgyny posits that men and women should be much like one another and argues that equality requires institutions to pick a golden mean between the two and treat both sexes as androgynous persons would be treated (Littleton 1292). Asymmetrical models of sexual equality take the view that the differences should not be ignored or eradicated but should be dealt with by society, and these approaches include special rights, accommodation, acceptance, and empowerment (Littleton 1295). As Littleton proceeds to demonstrate, the symmetrical model has flaws precisely because there is always this culture of phallocentrism which influences the outcome of disputes and which also colors the nature of legal obligations. Indeed, this cultural bias, for such it is, prevails outside the courtroom no matter what happens in

Category: Psychology - P