The Natural Law Argument Against Equality
When we speak of the Fear of Equality, we notice that most opponents of Equality will use various arguments to contradict or invalidate the benefits and rewards of Equality. The most popular is the Natural Law argument, due to its claims of representing the best features of human nature and best represents the ideals of human freedom. Above all else, Natural Law has been appealed to justify and legitimize and promote Capitalism. But does the Natural Law argument against Equality succeed in overturning the basic tenets of an egalitarian – based society?
“God is not separate from the world; He is the soul of the world, and each of us contains a part of the Divine Fire. All things are parts of one single system, which is called Nature; the individual life is good when it is in harmony with Nature. In one sense, every life is in harmony with Nature, since it is such as Nature’s laws have caused it to be; but in another sense a human life is only in harmony with Nature when the individual will is directed to ends which are among those of Nature. Virtue consists in “living in agreement with Nature.” (Zeno, 4th Century, BCE).
It was the Stoics who are credited in formalizing the theory of Natural Law, where they believed that certain insights existed behind the natural order that could be ascertained through the application of reason and logic. This ancient Greek school of philosophy founded at Athens by Zeno (c. 300 BCE). According to Zeno’s teaching, the Universe is based on laws of the fiery mind of God. The Universe actually IS “God.” It is the highest virtue (or moral good) that is based on knowledge, and that the wise live in harmony with the divine Reason that governs nature (because “God” IS Nature), and since life on Earth can cause various, detrimental episodes, to be indifferent to the reversal of fortunes that result in success and failure is “virtue.”
Principles of Natural Law have been embedded into Western philosophical thought accorded a special universal significance, since it has been viewed as a basis for ethical human interaction. Natural law is seen as a “special” branch of the legal system, especially in the Western tradition because of its reductive relationship to the natural world from which these universal principles were derived. In other words, it was believed that there was some kind of rational, comprehensible system that existed behind the natural world.
Darwin, Hebert Spencer and others used the Natural Law conceptual framework to build their systems of evolutionary change in biology and sociology. Over time Natural Selection came to be equated with “survival of the fittest,” the Capitalist Law of the Jungle where the only morality could be found in competition, adaptability to the environment and specialization.
During the Middle Ages Thomas Aquinas, the great Christian Church theologian, appealed to Natural Law principles when he proposed that proof of the existence of God did not require faith or belief, but only through the rational exercise of the reasoning mind.
In the 16th Century, the Dutch jurist, Hugo Grotius, asserted that nations and individuals were subject to natural law principles. Grotius wrote that laws of men should be in accordance to natural law principles. Grotius and other writers and philosophers of the period in the 16th and 17th Centuries, used natural law propositions that helped topple the feudal system in Europe by pointing out that the feudal system was in opposition to the universal principles of Nature (and by extension, “God.”) Natural Law precepts helped shape important historical events and documents such as the Declaration of Independence and the Rights of Man documents of te French Revolution, and formed a major stream of thought within the philosophy of Classical Liberalism, Capitalism and religion and science.
By the time we get to Herbert Spencer’s “survival of the fittest” and Charles Darwin’s “natural selection” memes in the 19th Century, natural law had become the theological system of Capitalism. The Law of the Jungle and the law of laissez-faire Capitalism where the winner takes all are one and the same. There was nothing “immoral” about a lion killing and eating a gazelle as it was just fulfilling its role as part of the natural world of survival within a certain environment. Same with letting the poor starve and die; no immorality there, for if the weak are unfit to survive the law will remove them from this reality. It is simply science.
It has been the theories of Natural Law that has legitimized the structure of Capitalism and helped give it shape and direction. But is this linkage of Natural Law and Natural Selection able to accurately describe a rational order in this world or is it merely a theory based on a false impression of reality? What is the argument of those who fear Equality goes against the principles of Natural Law?
Orders of Equality and the Limits Imposed by “Liberty”
For example, justice is considered to mean equality, It does mean equality, but equality for those who are equal, and not for all. (Aristotle)
Since nature does not endow all men with equal beauty or equal intelligence, and the faculty of volition leads men to make different choices, the egalitarians propose to abolish the “unfairness” of nature and of volition, and to establish universal equality in fact—in defiance of facts. Since the Law of Identity is impervious to human manipulation, it is the Law of Causality that they struggle to abrogate. Since personal attributes or virtues cannot be “redistributed,” they seek to deprive men of their consequences—of the rewards, the benefits, the achievements created by personal attributes and virtues. It is not equality before the law that they seek, but inequality: the establishment of an inverted social pyramid, with a new aristocracy on top—the aristocracy of non-value. (Ayn Rand, The Return of the Primitive)
The arguments against Equality are based in essentialism  and limitation. The first argument goes like this: people are inherently un-equal, blessed or cursed with different strengths and weaknesses that yield different results of success and failure in life. To award Equality to all is to reward failure. It is against the Law of the Jungle, Natural Selection and “survival of the fittest.” The Natural Law argument is also one that is embedded through the Classical Liberalism conceits of “Individualism,” “free will” and “Liberty,” not to mention the biggest conceit of all: competition. While the other items are vague, shapeless and subject to multiple interpretations, everyone understands competition. And everyone understands that a Capitalism without competition ceases to be Capitalism. Removing competition removes motivation to participate in Capitalism (so it is believed). And what is feared is the collapse of the entire system due to non – participation. Equality in this way is seen as a subversion to the Natural Order, which leads to the next point.
The Limitation argument is also based on Classical Liberal philosophy, economics and even science. As we have seen in the previous blogs, there’s an inherent, irrational fear that (1) Equality is impossible due to the evil, selfish nature of humanity, and (2) Equality can only be imposed through Draconian, authoritarian means. It is believed that your money must be taken away from you and redistributed to others “who don’t deserve it.” In Capitalism, and this is a point Capitalists are loathe to admit on moral grounds, it is acceptable for a person or group of people to exploit others for profit. The initial economic surge of Capitalism was generated by the harnessing of slave labor and exploitation of the working class. People actually died for the right of working a 40 hour week (Less than 100 years ago, it was common for a factory worker to toil 16 hours a day in dangerous, life – threatening conditions. One can see how Capitalism would have liked to treat its workers). The Limitation of Liberty is the limitation of the liberal’s right to choose to exploit another for profit. (When speaking of “liberal” in this context, I’m referring to the classical economic dimension of the term, not the political definition. Thus, all Capitalists are ‘liberal’ in that Capitalism is a liberal economic system).
So if you mine this equation for any logic, you can only come up with this: at least within Capitalism, Liberty sets limits on equality because Liberty is inherently inequitable, the argument being, “Surely one wouldn’t allow everyone to study at Harvard, would they? It wouldn’t be fair to those who actually can afford it or have the educational level to study there.” There has to be obstacles and impediments in place (like access to money and connections) or else the value of Harvard is rendered spoiled. This value is tied to what we cherish and despise – the life and death principles of success and failure.
We are now moving into another murky territory. The value of a Harvard education is analogous to the value of Capitalism.
NEXT: The Value of Inequality
 Essentialism is the philosophical belief that things have a set of characteristics that make them what they are (their essence), and that the task of science and philosophy is their discovery and expression; the doctrine that essence is prior to existence.
 This is why a result of a tie or draw in a soccer match infuriates American sports fans. There should always be a winner who takes all.