All pebbles are created equal, but some are more equal than others
A Critique of the Equality Act (EQA)
▪ The EQA is based on partisan ideology rooted in neo-Marxist ideas.
▪ The EQA is effectively a licence to discriminate. It creates rights for some but not for others.
▪ The EQA undermines individual liberty and erodes the public-private boundary.
All functioning societies are governed by a set of rules defining the boundaries of appropriate behaviour, though the rules emanate from many different sources. Within the framework of private law, individuals are largely self-governing subject to the basic principles of the law of obligations (contract, property, and tort); the law has nothing to say about whether everyone should have the same amount of stuff or even the same amount of social standing or economic power. This creates a lot of freedom, but also produces a lot of inequality because there are no rules about how to share stuff out fairly to ensure that nobody has more than others.
The modern market economy depends upon voluntary exchange between people selling what they have to offer and buying what they need. Workers sell their problem-solving skills and ability to get things done, and employers pay them a wage in return. That’s the beauty of the market. Alas, markets are not very effective in ensuring that everybody ends up with the same amount of stuff.
Income inequality is widely considered to be one of the most pressing social problems of our time. There is an intuitive sense that the economic pie ought to be carved up in a fairer way, coupled with the assumption that less for some will result in more for others. Thus we see a tension between distributive concerns and the productivity goals of corporate law.
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