Ariadne's Thread on Justice
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Equal Treatment

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Ayesha Speaking
I like to think that this principle, 'treat equal cases equally and unequal cases unequally' means that we should treat people equally unless there are relevant differences that would justify treating them differently.

And I would interpret this in a strong way. I think it is equivalent to what philosophers call a prima facie right to equal treatment. Another way to put it would be to say that by default, people should be treated equally.

So I am suggesting that the following three rules are really the same:

  • Treat equal cases equally and unequal cases unequally
  • Treat people equally unless there are relevant reasons to treat them unequally
  • People have a prima facie right to be treated equally

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