From the Journal of Joshua Fryfogle
Liberty, Liberally Volume II - Issue IV
April 2022
Alaska
By Joshua Fryfogle When we have spoken of ‘equality’ in decades past, we’ve really shortened a phrase to a single word. The word ‘equality’ is used as shorthand for the phrase, ‘equality under the law’. Equality under the law is a phrase that refers to a legal system that affords the same rights and responsibilities to everyone, regardless of any immutable characteristics. Still, we’ve shortened that concept down to a phrase, and that phrase down to a single word, leading to some common confusion. Equality under the law is an important concept, because equality is otherwise unattainable. In fact, I would argue that equality doesn’t even exist in reality, and can only exist under the law. We cannot affect equality in any other way. No two people are truly equal, because individuals are all unique. Even identical twins are not truly, actually equal. There is always some variation, and that difference nullifies any possibility of true equality. This is precisely why ‘equality under the law’ is such an important distinction. You might wear the same size glove as another person, but your fingerprints are yours and yours alone. Right down to the DNA, we are unique, no one else is our equal. When we talk about a free society, and Liberty of the individual, we are talking about an aspiration that is difficult to achieve. If everyone is free to do as they please, without any restriction at all, then that liberty might infringe on the liberty of others. This is where the Law becomes a necessity. Complete Liberty, with no Law, is a brutal society instead of a peaceful one. With Liberty, And Justice, For All... We’ve all said it a million times. We were taught the pledge as children, and
most of us can recite it verbatim with a mere prompt. We gloss right over this final phrase, thinking of it as a simple listing of two separate concepts. But Justice and Liberty are not easily maintained at the same time. Liberty alone leads to harm, as Justice without respect for Liberty leads to brutality. So the lofty idea that we could create a stasis where these two concepts co-exist, well, that’s what the founders referred to as a ‘grand experiment’.
To speak in the vernacular One must know the words And master the vocabulary And adjectives and verbs To engage one’s civic interest Cannot be avoided It happens automatically And this can be exploited
Equality under the law was not instantaneously realized when the founders declared it as our goal. We’ve been working, all along, to create a ‘more perfect union’, and that process continues. This is as it was meant to be, too. The founders knew all too well that undoing millennia of authoritarian rule would not happen because they declared their independence from those authoritarians. They knew that there would be a process. They knew that maintaining Liberty and Justice, simultaneously, was a balancing act.
To who so lacks the wit and will Of their own design Still has words and words to say But how did these they find? To be sure one’s thoughts are pure And not from someone else One must think and think some more Thinking for oneself
Consider the symbol of Justice, the scales held in the hand of the blindfolded woman. While she is in the dark as to the mere appearance of those who seek her guidance, Lady Justice holds scales in her hand, and a sword at her side. The scales serve to balance the Law against Liberty, and the sword shows the force of the law, to defend the innocent and punish the guilty. They knew, perhaps better than we do today, that Liberty alone would quickly dissipate, and chaos would upend our new nation. The grand ambition of balancing Liberty and Justice, erring on the side of Liberty, is the foundation of our nation. Without this concept, we’re doomed to lose both. And when we falsely believe that ‘equality’ can be achieved in all areas of life, we destroy individual Liberty.
You can respond to what you’ve read, or write what matters to you. WWW.MAKEASCENEAK.COM
Liberty, Liberally
www.LibertyLiberally.com
From the Journal of Joshua Fryfogle