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From the fact that people are very different it follows that, if we treat them equally, the result must be inequality in their actual position, and that the only way to place them in an equal position would be to treat them differently. Equality before the law and material equality are therefore not only different but are in conflict which each other; and we can achieve either one or the other, but not both at the same time.

Friedrich Hayek#140

EconomicsPolicyEqualityJusticeLawMaterialism

About this quote

What does it mean?
Treating unequal people equally leads to inequality; achieving material equality requires different treatment, making legal and material equality mutually exclusive.
In plain terms
You cannot have equal treatment under the law and equal outcomes at the same time.
What can you take from it?
Legal equality and material equality are in conflict.

Where it applies

  • legal theory
  • social policy
  • economic planning

Putting it to work

  • analyze equality concepts
  • evaluate welfare policies
  • study legal frameworks

Questions to consider

  • Can legal and material equality coexist?
  • Which equality matters more?

Another view

Some argue both forms of equality can be pursued simultaneously without total conflict.

More from Friedrich Hayek

  1. Every change in conditions will make necessary some change in the use of resources, in the direction and kind of human activities, in habits and practices. And…

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  2. From the saintly and single-minded idealist to the fanatic is often but a step.

    Permalink to quote #141
  3. Even the striving for equality by means of a directed economy can result only in an officially enforced inequality - an authoritarian determination of the stat…

    Permalink to quote #138

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