The 'Majestic Equality' of the Law: Why Constitutional Strategies Do Not Produce Equality

Arthurs, H. (2014, June). The “majestic equality” of the law: Why constitutional strategies do not produce equality. Equality. Lecture conducted from Institute for Advanced Studies, Nantes, France.

Osgoode Legal Studies Research Paper No. 70/2014

17 Pages Posted: 22 Oct 2014

See all articles by Harry W. Arthurs

Harry W. Arthurs

York University - Osgoode Hall Law School

Multiple version iconThere are 2 versions of this paper

Date Written: October 9, 2014

Abstract

Epidemiological studies have demonstrated that as one descends the socio-economic gradient, people suffer worse health outcomes and die sooner. While no single comprehensive epidemiological study has established a similar link between economic or social inequality, on the one hand, and the overall quality of citizenship on the other, it would not be surprising to learn that inequality correlates closely with the denigration or denial of legal and political rights. Considerable recent research suggests that the advanced economies are becoming more unequal, that the gradient I have described is becoming steeper and steeper. Consequently, we can expect that the distribution of social goods will become less and less fair; that vulnerable populations are likely to experience greater and greater deprivation and exclusion; and that the gap between law’s promise and its performance is likely to grow at an alarming rate.

Keywords: Wealth and status, British civil servants, socio-economic status, epidemiological study, Inequality

JEL Classification: K00

Suggested Citation

Arthurs, Harry W., The 'Majestic Equality' of the Law: Why Constitutional Strategies Do Not Produce Equality (October 9, 2014). Arthurs, H. (2014, June). The “majestic equality” of the law: Why constitutional strategies do not produce equality. Equality. Lecture conducted from Institute for Advanced Studies, Nantes, France.; Osgoode Legal Studies Research Paper No. 70/2014. Available at SSRN: https://ssrn.com/abstract=2507900

Harry W. Arthurs (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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