1. The concept of equality as a measure of justice has an ancient and venerable history. Aristotle's dicta to 'treat like cases as like' is perhaps the most famous and widely-endorsed understanding of equality. Would you describe this as 'formal' or 'substantive' equality?

2. Formal equality is a fundamental concept of liberal philosophy, and has been an effective means of fighting blatant discrimination on the basis of race, gender, sexuality, disability and so on. Identify some examples of law or policy designed to promote and protect formal equality.

3. Thornton states that the existence of anti-discrimination legislation is evidence that equality in Australia is 'imperfectly realised'. Despite the difficulties of providing discrimination based on race, gender etc, Thornton argues that anti-discrimination legislation is necessary to give the voices of women and minorities attention so that the state maintains its legitimacy. Do you agree with Thornton's statement? Why/ why not?

4. Thornton argues that the idea of formal legal equality, which is a comparative concept (i.e. it is only meaningful when we are comparing two non-identical things), relies on a comparison with a benchmark or 'normal' standard. On the first page of her book, she argues that in Australian law 'the benchmark figure is likely to be a white, Anglo-Celtic, heterosexual male who falls within acceptable parameters of physical and intellectual normalcy who supports, at least nominally, mainstream Christian beliefs, and who fits within the middle-to-the-right of the political spectrum.' Do you agree with Thornton's concept of the benchmark person? Why/why not?

5. What is indirect discrimination? Give some examples of laws that may lead to indirect discrimination.

6. Is it accurate to say that formal equality is concerned with equal access to opportunity, whereas substantive equality is concerned with equal outcomes? If so, does an adherence to substantive equality require too much social engineering?

7. What are some of the problems identified by Fredman with the 'consistency of treatment' approach? Can you think of some examples of these types of problems in Australia?

8. Fredman argues that a multi-dimensional approach is needed to promote substantive equality. What are the four dimensions identified by Fredman? Does a multi-dimensional approach provide a more holistic concept of substantive equality?