2.3 Moral EqualityUntil the eightee

2.3 Moral Equality
Until the eighteenth century, it was assumed that human beings are unequal by nature — i.e., that there was a natural human hierarchy. This postulate collapsed with the advent of the idea of natural right and its assumption of an equality of natural order among all human beings. Against Plato and Aristotle, the classical formula for justice according to which an action is just when it offers each individual his or her due took on a substantively egalitarian meaning in the course of time, viz. everyone deserved the same dignity and the same respect. This is now the widely held conception of substantive, universal, moral equality.

It developed among the Stoics, who emphasized the natural equality of all rational beings, and in early New Testament Christianity, which elevated the equality of human beings before God to a principle: one to be sure not always adhered to later by the Christian church. This important idea was also taken up both in the Talmud and in Islam, where it was grounded in both Greek and Hebraic elements in both systems. In the modern period, starting in the seventeenth century, the dominant idea was of natural equality in the tradition of natural law and social contract theory. Hobbes (1651) postulated that in their natural condition, individuals possess equal rights, because over time they have the same capacity to do each other harm. Locke (1690) argued that all human beings have the same natural right to both (self-)ownership and freedom. Rousseau (1755) declared social inequality to be a virtually primeval decline of the human race from natural equality in a harmonious state of nature: a decline catalyzed by the human urge for perfection, property and possessions (Dahrendorf 1962). For Rousseau (1755, 1762), the resulting inequality and rule of violence can only be overcome by tying unfettered subjectivity to a common civil existence and popular sovereignty. In Kant's moral philosophy (1785), the categorical imperative formulates the equality postulate of universal human worth. His transcendental and philosophical reflections on autonomy and self-legislation lead to a recognition of the same freedom for all rational beings as the sole principle of human rights (Kant 1797, p. 230). Such Enlightenment ideas stimulated the great modern social movements and revolutions, and were taken up in modern constitutions and declarations of human rights. During the French Revolution, equality — along with freedom and fraternity — became a basis of the Déclaration des droits de l´homme et du citoyen of 1789.
The principle of equal dignity and respect is now accepted as a minimum standard throughout mainstream Western culture. Some misunderstandings regarding moral equality need to be clarified. To say that men are equal is not to say they are identical. The postulate of equality implies that underneath apparent differences, certain recognizable entities or units exist that, by dint of being units, can be said to be ‘equal.’ (Thomson 1949, p. 4). Fundamental equality means that persons are alike in important relevant and specified respects alone, and not that they are all generally the same or can be treated in the same way (Nagel 1991). In a now commonly posed distinction, stemming from Dworkin (1977, p. 370), moral equality can be understood as prescribing treatment of persons as equals, i.e., with equal concern and respect, and not the often implausible principle of treating persons equally. This fundamental idea of equal respect for all persons and of the equal worth or equal dignity of all human beings (Vlastos 1962) is accepted as a minimal standard by all leading schools of modern Western political and moral culture. Any political theory abandoning this notion of equality will not be found plausible today. In a period in which metaphysical, religious and traditional views have lost their general plausibility (Habermas 1983, p. 53, 1992, pp. 39-44), it appears impossible to peacefully reach a general agreement on common political aims without accepting that persons must be treated as equals. As a result, moral equality constitutes the ‘egalitarian plateau’ for all contemporary political theories (Kymlicka 1990, p.5). To recognize that human beings are all equally individual does not mean having to treat them uniformly in any respects other than those in which they clearly have a moral claim to be treated alike. Disputes arise, of course, concerning what these claims amount to and how they should be resolved. That is the crux of the problem to which I now turn.
Since “treatment as an equal” is a shared moral standard in contemporary theory, present-day philosophical debates are concerned with the kind of equal treatment normatively required when we mutually consider ourselves persons with equal dignity. The principle of moral equality is too abstract and needs to be made concrete if we are to arrive at a clear moral standard. Nevertheless, no conception of just equality can be deduced from the notion of moral equality. Rather, we find competing philosophical conceptions of equal treatment serving as interpretations of moral equality. These need to be assessed according to their degree of fidelity to the deeper ideal of moral equality (Kymlicka 1990, p. 44). With this we finally switch the object of equality from treatment to the fair distribution of goods and ills or bads.