The dycotomy equality/inequality is one of perennial conflict. Each term has a tendency to expand to become a "universal category" or to downgrade the other to "empty category". (N. Bobbio). At present time, while (growing) inequality becomes the topic of the century - raising crucial issues of justice and legitimation - the ideology of inequality as a driving force of development on the one hand and negationist views that predict a reduction of inequality on the grounds of an axiological interpretation of data on the other, are gaining ground. In fact, inequality cannot but generate other inequality. If one considers the ways in which it is generated and aggravated, it is possible to observe its curbing effects on intergenerational mobility and development at the dawn of the 21st century. This undermines the belief that the laws of market economy can naturally reduce inequality and lead to an harmonious balance of the system. Due to the novelty of these phenomena it is necessary to create new interpretative paradigms, as well as an approach that reconciles languages and categories. This approach must integrate law, political science, sociology and economics. For this purpose, the capability approach (A. Sen; M.C. Nussbaum) appears to be an excellent starting point. New and interdisciplinary theoretical constructions will support the elaboration of policies capable of facing ongoing changes, on the grounds of the idea that inequality is not a positive value and that it generates diseconomies.
Keywords: Inequality, capability and functioning, equality policies