Discrimination: Sociological Theories Of Equality

“That as a matter of natural right all human beings have been born free” (Justinian). This essay will discuss four areas of discrimination: The concept of discrimination, the law of equality in Ireland, philosophical principals underpinning equality and three sociological theories of inequality.

There are four main legal documents/legislations that deal with equality in Irish law, the Irish constitution, Equal status act + Equality act, Employment equality legislation, there is also the EU law on discrimination and several international documents that refer to equality.

The Employment equality legislation (1998-2008) prohibits discriminatory acts in relation to and within employment. The legislation prohibits direct and indirect discrimination;

In the 13th Century, Thomas Aquinas said that “nature made all of us equal in liberty…for what is free is…an end in itself…” (Graham; Philosophy of Equality, Sociology and Economics)

While few philosophers now would advocate ‘strict equality’ which would be everyone receiving the same resources, opportunity and rights there are three factors relevant when discussing the modern concept of equality: Equality of resources, equality of welfare, and equality of opportunity. Ronald Dworkin, a modern philosopher, Dworkin believes equality is a complex multi-faceted ideal, he also believes that the kind of equality a government can promote will fall into one of two categories, equality of welfare or equality of resources. (Graham; Philosophy of Equality, Sociology and Economics)

Dworkin thought we could create equality of resources by setting up a market economy and giving everyone a fair initial distribution, this would give people a chance to make their own choices and live their lives without a need for further

Rawls principals of equality are called Fair Equality of Opportunity. Rawls believed that equality should work like this: Institutions should be arranged so that any two persons with the same native talent and the same ambition should have the same prospects of success in the competition for positions of advantage. Fair Equality can be broken down into two principles; Careers Open to Talents and Fair Backgrounds. (Graham; Philosophy of Equality, Sociology and Economics)

“Careers Open to Talent requires that positions of advantage should be open to all, and that selection should to positions of advantage should be carried out impartially according to criteria of merit that are reasonably predictive of successful performance in the position” (Graham; Philosophy of Equality, Sociology and Economics)

The Fair Background principle requires that specific measures are taken which eliminate the effect of social background on competition for position of advantage this means that two persons with the same talents and the same ambitions should have the same chances of success, however the objection against Rawls Fair Equality is that those who are naturally more talented and develop their talent to higher excellence levels should enjoy a greater prospects of good fortune in life (Richard J. Arneson Philosophical Studies 93, No. 1 (January.