“The dichotomy between formal and substantive equality not only graphically highlights the elusiveness of the meaning of equality per se, but it also goes to the heart of Western liberalism. It is in the interests of the liberal state to obfuscate the meaning of equality and eschew any expression of aims which might endanger its legitimacy in the eyes of its diverse constituents. In any case, the liberal state cannot divorce itself from legal formalism with which it is inextricably intertwined. Therefore, it is the concept of formal, not substantive, equality which is a central tenet of liberalism” (Margaret Thornton, The Liberal Promise, 1990: 15).
Reflecting on equality as a key part of the powerful ideology of liberalism, discuss the gap between formal and substantive equality using ONE of the following case studies. You must then choose a more narrow topic within one of these areas. Some ideas for topics are provided in the brackets.
•Sex/gender (e.g. sexual harassment; pay equity; pregnancy; breastfeeding)
•Disability (e.g. disability and the workplace; mental health; drug use and the law; obesity)
•Age (e.g. age in the workplace)
•Race (e.g. racism; the Stolen Generation; the Northern Territory Intervention; racial vilification etc.)
•Religion (e.g. the treatment of minority religious groups in Australia and the effects of the law; discrimination in the workplace based on religion; freedom of speech)
•Sexuality (e.g. gay marriage; reproduction rights; age of consent; hate crime; transgender rights)
•Other (e.g. marital status; physical features).
You might want to consider the following for your essay:
1.The contradiction between the celebration of sameness versus difference and the elusive concept of equality.
2.The potentials and limitations of anti-discrimination legislation.
3.Whether discrimination is systemic within Australian society.
4.Whether recent developments in anti-discrimination law have led to greater equality for marginalised groups in Australia.
5.How Australia compares to other countries.
6.The difference between substantive and symbolic (i.e. formal) equality.
7.The ideology of liberalism and law.
8.The power of the law and the problems with this power.
9.Whether individuals and/or groups can use the law to gain greater freedom and equality.
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