Front Page Titles (by Subject) Problems with Inequality - Literature of Liberty, January/March 1978, vol. 1, No. 1
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Problems with Inequality - Leonard P. Liggio, Literature of Liberty, January/March 1978, vol. 1, No. 1 
Literature of Liberty: A Review of Contemporary Liberal Thought was published first by the Cato Institute (1978-1979) and later by the Institute for Humane Studies (1980-1982) under the editorial direction of Leonard P. Liggio.
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Problems with Inequality
“The Presumption of Equality.” Australiasian Journal of Philosophy (Australia), 53 (1975): 46–53.
If you treat people unequally, you must justify your actions. If you treat them equally, no explanations are necessary. This is the presumption (take something as established until you have contrary evidence) of equality. It differs from the Aristotelian formula of justice (treat equals equally, treat unequals unequally). And it contrasts with the egalitarian belief (based on Aristotle and “empirical belief”) that it is relatively uncommon to find unequal persons who deserve unequal treatment.
There is no a priori principle which says we should presume people are equal. Thus, we should not presume at all. There is no a priori reason for treating A and B differently—or the same.
Since the egalitarian believes his empirical evidence shows that only in exceptional cases are people unequal, we can see why his theory of justice requires equal treatment. This is not an a priori presumption but a conclusion based on faulty inductive generalization.
The Victorian jurist, James Fitzjames Stephen, in his Liberty, Equality, Fraternity, disallowed the claim that the “presumption principle” is a normative principle deduced from a priori premises. Following Stephen, it is stated that decisions will depend on inductive knowledge of a particular situation.
Stephen writes: “The notion that apart from experience, there is a presumption in favour of equality appears to me unfounded. A presumption is simply an avowedly imperfect generalization, and this must, of course, be founded on experience.... In precisely the same way, the presumption (if any) to be made in favour of equality must be based on experience....”
Only a man blinded by the imaginary glare of Egalite could suppose that there were relatively few grounds justifying discrimination. At the very least, the occasions on which justice demands unequal treatment are just as common as those on which it demands equal treatment.