ABSTRACT

As stated in Chapter 1, one of the principal differences between law and ethics is that ethics prescribes what should be done, whereas law prescribes what must be done. For example, ethics prescribes that like cases be treated alike. Our law prescribes such like treatment in certain specific situations, but not in all situations—for example, not until recently did the principle of treating like cases alike apply in the field of gender equity in sports. That situation has now changed. The law now definitely prescribes that like cases be treated alike in the area to which this chapter is devoted: gender.