Woolf, Nelson, and Shine
2005 SWPSA Annual Conference
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not be equally protected by law, we will narrow our focus to two primary areas in which
equality has historically and currently been a source of conflict, gender and race, with a
brief discussion of the meaning of economic equality and its impact on these areas. It is
worth remembering that in all of these areas the perception of equality is just as
important, and often more important than the actual measure of legal protection. Before
we can begin discuss equality under the law in these areas, we must first describe the
correlation between the ideals of democracy and equality.
DEMOCRACY AND DEMOCRATIZATION
Political theorists have long considered equality under the law—indeed, all
aspects of equality—to be an essential component of democracy.
Political equality,
according to Lijphart, is a basic goal of democracy, and therefore an important indicator
of democracy.
iii
By Abraham Lincoln’s definition, democracy as government for the
people by the people seems naturally to embrace the ideal of legal equality.
If the
people’s government does not extend protection to all the people, how can it be
legitimate?
Some faction of the population still wields greater power over another,
indicating inequity in the political system. Such inequity contradicts Dahl’s criterion for
democracy of free and fair elections
iv
.
At the same time, it may be argued that inequality is inherent in democracy. In
democratic government, the majority eventually sets policy, whether by narrow, sharply
divided margins that characterizes the majoritarian style or more harmonious,
proportional agreements of a consensus-styled democracy. Regardless of the procedure,
iii
Lijphart, Arend. 1999. Patterns of Democracy. New Haven: Yale University Press (pp.282-284)
iv
Dahl, Robert A. 1971. Polyarchy: Participation and Opposition. New Haven: Yale University Press
(p.3)
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