Because there can be no equality without freedom
8' min read
8' min read
'Equality may be in decline, but freedom is in fashion. We fight wars in its name', writes Ronald Dworkin in his latest important book, Justice for Ricci (Feltrinelli, 2013). He writes this at the beginning of a long chapter devoted precisely to the idea of freedom. In the previous chapter he had dealt in depth with the theme of equality in its most diverse visions. The two chapters are deeply connected because for Dworkin, the idea of equality and the idea of freedom are not independent of each other, as some think, nor are they in conflict with each other, as many others think. Instead, they are sister ideas, because - and this is one of the most original points of his thinking - there can be no equality without freedom.
When the conflict is blatant
.The issue is by no means trivial, and to simplify things a little, in Sovereign Virtue (Feltrinelli, 2002), his other seminal work, Dworkin begins with examples in which the conflict between freedom and equality seems to be blatant. The first case is that of freedom of choice between public and private healthcare, while the second is that of the minimum wage imposed by law. While in the first case, the right would traditionally like to guarantee the possibility of treatment in private facilities for those who have the means, at the same time the left argues that this creates unequal treatment between those who have the economic means to do so and those who instead have to make do with the inefficient public healthcare and its interminable waiting lists.
The second example considers legislation that sets a maximum number of hours that a certain worker can work in a week and the minimum wage that the employer must pay him. Dworkin, in particular, refers to a specific case in which the New York City administration regulated these aspects with reference to bakers. Regulations that were subsequently struck down by the Supreme Court, precisely because of an alleged conflict between equality in labour treatment and the freedom also to accept any wage and to work even more than prescribed.
The marginality of equality
.These are examples that not only show the existence of potential conflicts between freedom and equality but also how marginal the latter is in influencing public decisions. One can understand this because many would be willing to restrict individual freedom when it conflicts with other important values: one can prohibit freedom of speech through the offence of defamation to protect the dignity and honour of individuals; one can restrict freedom in education if one believes that education is an indispensable good in a mature democracy and that all children are entitled to it. Rarely, however, are people willing to accept a limitation of their freedom when it serves to promote equality among citizens. What is the origin of this reluctance, Dworkin asks. The cynic would answer because people are selfish.
Dworkin deals the cards
.The philosopher's position is different. He writes, in fact, 'Most people who seem to reject equality do not actually reject it. They think equality is very important, but they do not think that the form in which equality is at stake in these cases is the most important or most genuine form of that virtue'. Here things get interesting because Dworkin turns the tables. His starting point in this argument is that anyone who is inspired by freedom or the ideal of equality has a certain idea not only of what freedom and equality in the abstract mean, but also and above all of how these ideas should find concrete implementation in our societies.


