The Duty to Treat Others as Equals: Who Stands Under It?

Abstract

Chapter Seven, “The Duty to Treat Others as Equals: Who Stands Under It?,” focuses on the obligations of governments and private individuals to treat people as equals. The author considers several arguments for the claim that governments owe those whom they govern a duty to treat them as equals. The author then turns to the duties of individuals. The author argues that we do not acquire a duty to treat others as equals only when we occupy certain institutional roles. Rather, we always have an obligation to treat others as equals, in the specific senses discussed in this book: we must not unfairly subordinate some to others, or infringe their right to a particular deliberative freedom, or deny them access to a basic good when it is in our power to give it to them. The author argues that this obligation is not too demanding, and distinguishes it from the duty to give equal concern to everyone’s interests in one’s deliberations. The author tries to show that this duty is consistent with recognizing the importance of a variety of individual freedoms, and that there are often good reasons for the state not to use anti-discrimination law to regulate decisions made in more personal contexts. The author also explains why, nevertheless, the state has an obligation to help us fulfil our obligations in these more personal context, by creating the conditions under which we can relate to others as equals.