Even if made illegal, how does enforcement occur? The United States, at least, is notorious for HR being extremely opaque regarding hiring decisions.
Then there's cases like Japan, where not only companies, but also landlords, will make people answer a question like: "have you ever been part of an anti-social organization or committed a crime?" If you don't answer truthfully, that is a legal reason to reject you. If you answer truthfully, then you will never get a job (or housing) again.
Of course, there is a whole world outside of the United States and Japan. But these are the two countries I have experience dealing with.
The founders of modern nation-states made huge advancements with written constitutions and uniformity of laws, but in the convenience of the rule of law it is often missed that the rule of law is not necessarily the prevalence of justice.
The question a people must ask themselves: we are a nation of laws, but are we a nation of justice?
Seems like a false dichotomy. You can be both, based on how you apply the laws.
The parent comment is not presenting a false dichotomy but is making precisely the point that it is how you apply the laws that matter; that just having laws is not enough.
Jesus ... that gives me a new perspective on Japan ...
The situation in the US is significantly worse, and probably numerous other countries I haven't experience with. Rather than asking if you've committed a crime, American employers/landlords will do a background check and are liable to turn you down if you've ever been arrested, even if the charges were dropped or you were found not guilty. Comparatively, the reason Japanese employers/landlords may even ask about having committed crime is because they can't find that information on their own freely. This is a fairly ridiculous criticsm, if you ask me. Nobody in any country wants to associate with criminals, often to an unfairly punitive degree, but at least in Japan you are not punished merely for being arrested. And while I don't doubt it happens, it's also far from a universal experience, despite Westerners loving to talk about Japan in broad sweeping generalizations. I have personally never been asked whether I've committed a crime.
One of the ways they keep crime so low. Being convicted destroys your reputation in a country where reputation is extremely important. Everyone loves saying it would be great to have lower crimes like Japan, but very few would really want the system that achieving that requires.
Their system seems to work better for them than our system does for us, so...