As regards, first, Equality, the familiar proposition, All men are by
nature equal, blunders by confusing the “natural” with the “notion.” It
ought rather to read: _By nature_ men are only unequal. But the notion of
liberty, as it exists as such, without further specification and
development, is abstract subjectivity, as a person capable of property (§
488). This single abstract feature of personality constitutes the actual
_equality_ of human beings. But that this freedom should exist, that it
should be _man_ (and not as in Greece, Rome, &c. _some_ men) that is
recognised and legally regarded as a person, is so little _by nature_,
that it is rather only a result and product of the consciousness of the
deepest principle of mind, and of the universality and expansion of this
consciousness. That the citizens are equal before the law contains a great
truth, but which so expressed is a tautology: it only states that the
legal status in general exists, that the laws rule. But, as regards the
concrete, the citizens—besides their personality—are equal before the law
only in these points when they are otherwise equal _outside the law_. Only
that equality which (in whatever way it be) they, as it happens, otherwise
have in property, age, physical strength, talent, skill, &c.—or even in
crime, can and ought to make them deserve equal treatment before the
law:—only it can make them—as regards taxation, military service,
eligibility to office, &c.—punishment, &c.—equal in the concrete. The laws
themselves, except in so far as they concern that narrow circle of
personality, presuppose unequal conditions, and provide for the unequal
legal duties and appurtenances resulting therefrom.