Equality (formal)

Abstract

Formal equality coincides with the in-difference to the condition distinguishing each holder of a fundamental right. This is the firststep towards fullequality,but that aloneis not enough. Theprotection of fundamental rightscannot be separatedfrom the desires thateach of usexpressesin hisrelational life, becauseonly fromthe exaltationof the peculiarities ofeach of us,it is possible toachieveequality in substance. Specifically, this meansthatthe legal systemmust ensuretoeveryone thepossibilityof desiring, at the same timecreatingconditions which ensurethe realizationof that desirewithout investigatingits contents, as in the choice(more orless free) of what isdesirableeachcrystallizeshis personal identity, the sense of his beingin the world.