Fallacies of Equality and Inequality : Multiple Exclusions in Law and Legal Discourses

Abstract

Equality - the assertion that human beings are equal and have equal rights - is a core tenet in rights' discourses. Equality is pegged on rights or entiitlements that all human beings and sovereign states have. Legal rights comprise a cluster of claims, powers and immunities . The fact that a person has a right imposes a duty on another to refrain from interfering with that right. It also entails duties on the state for instance to ensure the enjoyment of those rights by its citizenry. This brings the issue of justice - in a society of equal states / persons. What are the guiding or regulatory principles to ensure fairness for all ?