This is the Common School equally free to all the inhabit- ants. In liberal societies, people need both time and money to have justice to protect their equality. The admitted effect of this decis- ion is to render a separate school for colored children illegal and impossible in towns divided into districts. All this, and much more, can be done in the exercise of that high-handed power which makes a discrimination on account of race or color. This is substan- tially true.
It may find accept- ance from individuals in our day, but it is dis- owned by English institutions. In summing up the theme of the Enlightenment writers, Tocqueville writes: They all started with the principle that it was necessary to substitute simple and elementary rules, based on reason and natural law, for the complicated and traditional customs which regulated society in their time. The ideas which arose in the ancient Greek society were discussed and formulated more precisely later by the later English philosophers in the 18 th century. We have seen what is contemplated by the Equality secured by the Constitution; also what is contemplated by the system of Common Schools, as established by the laws of the Commonwealth and illustrated by decisions of the Supreme Court. Here is a grievance, which, independent of any stigma from color, calls for redress. However, complete equality among men and women in all spheres of life is a distant ideal to be realised only by the march of humanity along the long and difficult path of economic, social and political progress.
The Supreme Court heard the argument and, in their opinion, complimented the advocate; but they did not take the responsibility of annulling the unjust discrimination. The basic Idea of Equality before the Law The idea of Equality before the Law is often associated with the late political philosophers of the enlightenment era. It is often claimed that government is necessary to overcome the free-rider problem. Additionally, as a consequence of the new idea that law is something that can be constructed according to the voluntary agreement of people who meet with one another as is oï, the Greeks have realized that man is not only dependent on the physical order of nature, the physis, but that man is also dependent on the order of human conventions, to the nomos Hayek 1973:20, 94ff. Because information about classes of information is, therefore, always abstract, it follows that human perceptions are necessarily abstract from the start. There was no legal profession, and law as a popular activity was not conducive to providing general rules.
The true meaning and scope of Article 14 have been explained in a number of cases by supreme Court. Social conflict theory refers to the imbalance of equality. On the other hand, the Catallaxia possesses the necessary characteristics to discover and to exchange knowledge. On the same principle, even if it be better for certain individuals to govern, they should be made only guardians and ministers for the law. Shaw, 1 Metcalf, 130, to which reference 14 has been already made, where a by-law of the city was set aside as unequal and unreasonable, and therefore void, affords another example of the power which I now invoke.
This can be understood very well in the context of the Indian constitution where the law, while not recognising any distinction based upon birth, caste, creed or religion, does accept certain rational discriminations like reservation of seats or special queues for ladies, concessions given to students in railway journeys etc. Esteem others better than yourself. Time will not allow me to make comments. The boldest political reformers of early times did not venture to proclaim this truth, nor did they truly perceive it. Abstract rules or principles of guidance, may they constructed intellectually or may they be a cultural heritage, can be seen as tools for improve the quality of our expectations.
But this has been rightly criticized by Mr. Since in his work the order of Equality before the Law is the Spontaneous Order or the Catallaxia, the transformation from a central planned society to a catallacitic and spontaneous order can in a Hayekian sense interpreted as a transformation to a liberal order of Equality before the Law! As Lieutenant Governor hemay be ex officio a member of the Board. But here, the little child, only five years old, was compelled, if attending the nearest African School, to go a distance of two thousand one hundred feet from her home, while the nearest Primary School was only nine hundred feet, and, in doing this, she would pass by no less than five different Primary Schools, forming part of our Common Schools, and open to white children, all of which were closed to her. Only those established in conform- ity with the Law can be legally such. Slowly recognized, they finally pass into a for- mula to be acted upon, to be applied, to be defended in the concerns of life.
Their discretion must be exercised in a reasonable manner. Their present effort is the token of a manly character which this Court will cherish and respect. Seeing the discrimination in this light, we learn to appreciate its true character. Many people attach the meaning of equality to treating people the same. This is the question which the Court is now to hear, to consider, and to decide.
Of audacious genius, setting at naught received opinions, his ear- liest appearance was by an eccentric Essay on the Origin of Inequality among Men, where he sustained the irrational paradox that men are happier in a state of nature than under the laws of civilization. So the question is how to define the private sphere of action in which individuals can use their own knowledge for their own ends. Bel- knap adds that he had not heard of more than three or four who took advantage of this privilege, though the blacks in Boston proba- bly exceeded one thousand. Article 14 permits classification but prohibits class legislation. Test of Reasonable Classification- Article 14 forbids class legislation, but it does not forbid reasonable classification of persons, objects and transactions by the legislature for the purpose of achieving specific ends. To cap it all, this class of politicians commits crimes and gets rewarded with getting elected again and again. And while the principles of the Organization can be fruitfully applied in hierarchical social orders like armies or companies, for whole open societies only the application of the principles of the Spontaneous Order can cause positive effects to the processing of knowledge in these societies.
Or, stating the question with more detailand with more particular application to the facts of the present case, are the Committee having superintendence of the Common Schools of Boston intrusted with power, under the Con- stitution and Laws of Massachusetts, to exclude colofed children from the schools and compel them to find education at separate schools set apart for colored children only, at distances from their homes less convenient than schools open to white children? Already the other towns have voluntarily banished Caste. One might ask here, why the Constitution should not extend the scope of these right to private individuals also. It is important to keep in mind that even Hayeks richer development of the notion of the rule of law may not be enough to guarantee a liberal society. The historiography of civic equality shows the extent of inequality in the ancient society. In fact, most people think that slaves became popular in George Washington's time.
After all, real democracy can be achieved only by a proper balance between the freedom of the individual and the restrictions imposed on him in the interests of the community. In the contemporary society, we are promised that everyone, no matter what their gender, race, or religion are, share the same rights in front of the law; nevertheless this is a false statement that failed to recognize the complexity of formulation and the implementation processes of the law as well as the interests that the law-makers lie upon by the law that they made. As they grow in knowledge, they will rise and call him blessed ; but at the same time they will brand as accursed that arbitrary discrim- ination of color in the Common Schools of Bos- ton which rendered it necessary for their father, out of small means, to make such sacrifices for their education. Economic Effects of Information Processing Characteristics As we have seen, the different kinds of rules are economically relevant because they produce different types of orders, and these different orders have different capabilities to process dispersed knowledge. Moclica enini circumstanlia facii inducit magnam juris di- versitatem. They may also classify scholars, according to moral and intellectual qualifica- tions, because such a power is necessary to the government of schools.