On Equality: The Anti-Interference Principle

Authors

Donald J. Kochan, Chapman University School of Law

Abstract

This essay seeks to summarize the general equality concept and proposes that equality requires that the government engage in anti-interference with individual choices and activities, so long as these things create no negative externalities for others. If we are serious about respecting equality, such interference actions should be avoided. Adopting an "anti-interference principle" is a necessary foundation for achieving the goal of true equality. The primary point is that equality matters. The purpose of this essay is not to survey the vast political, jurisprudential, and academic debate on equality, but instead, to take a broad look at the philosophical concept of equality itself. Part I discusses the general meaning of equality. Part II presents brief summaries of some selected recent developments regarding the concept of equality, namely California's Proposition 810 and the U.S. Supreme Court decision in Ricci v. DeStefano. Part III introduces a useful term for the equality discussion-"anti-interference"-and argues that the best way to foster equality is to embrace freedom, choice, and liberty in the absence of a showing that different treatment is justified to avoid harm. Simply stated, equality is best served when the government refrains from interfering with individual choice and individual freedom.

Recommended Citation

Donald J. Kochan, On Equality: The Anti-Interference Principle, 45 U. Rich. L. Rev. 431 (2011).
Available at: https://scholarship.richmond.edu/lawreview/vol45/iss2/3