Law deals not with actual individuals, but with individuals artificially defined. We cannot say that law-makers are under an illusion to the effect that all men are equal. They do not even suppose them all alike in being reasonable, or in being well informed about the law, or in being morally sensitive about their own rights or the rights of others. Law-makers have probably never been blind about the conspicuous facts of human difference. Nevertheless, the law in every community — and not alone in modern communities — proposes to treat certain large groups of individuals as were alike "before the law."

Ch. VI : Presumptive Rights, § 20, p. 58 - Present Status of the Philosophy of Law and of Rights (1926)