"Prescriptive equality": two steps forward

Article Abstract:

The principle of prescriptive equality does have meaningful normative force, despite arguments to the contrary by Christopher Peters and others. Where it agrees with nonegalitarian justice it acts as a reinforcement, and where it does not, it counterbalances without becoming incoherent. However, the principle only truly applies when the people to be treated are significantly related and when the one who may receive worse treatment will know of better treatment given his equal. The doctrine of precedent gains no support here.

Criticism and interpretation, Peters, Christopher J.

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Equality revisited

Article Abstract:

Despite the tautology of the traditional statement of prescriptive equality, there is a nontautological principle of equality, though it too lacks normative content. Treating people rightly may clash with treating them equally, and because inequality is a symptom or warning sign rather than an inherent evil, right treatment should prevail over equal treatment wherever the two clash. Prescriptive equality, especially in the justice system but also wherever decisions are made, can perpetuate wrong without any benefit.

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The relationship between equality and access in law school admissions

Article Abstract:

The author argues that law schools purportedly use standards of admission which are based upon merit, but the standards used to determine merit are vague or cannot predetermine the quality of actual lawyering with any empirical evidence. The author discusses the concepts of equality as opportunity and equality as results in relation to this issue.

United States, Law schools, Law school admissions, Discrimination in education, Educational discrimination

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