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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