The Empty Idea of Equality Meets the Unbearable Fullness of Religion
نام عام مواد
[Article]
نام نخستين پديدآور
Rex Ahdar
وضعیت نشر و پخش و غیره
محل نشرو پخش و غیره
Leiden
نام ناشر، پخش کننده و غيره
Brill | Nijhoff
یادداشتهای مربوط به خلاصه یا چکیده
متن يادداشت
The essay argues that religion is a much "fuller" concept than equality, as substantial and weighty as equality is derivative and hollow. The empty, tautological, misleading, but rhetorically powerful nature of equality was compellingly demonstrated by Peter Westen, a generation ago. It is ironic that, despite the manifest inadequacy of equality as an independent good, in the increasingly strident clashes between religionists and those asserting claims based on equal treatment, or freedom from discrimination, the former tend to lose on the whole. All rights are said to be on the same level. As the courts repeatedly pronounce, there is no hierarchy. But the empirical experience of the Kulturkampf belies that assertion. This essay seeks to return the contest to a more even playing field by demystifying some of the ascendant-like claims of equality in contemporary rights disputes. The essay argues that religion is a much "fuller" concept than equality, as substantial and weighty as equality is derivative and hollow. The empty, tautological, misleading, but rhetorically powerful nature of equality was compellingly demonstrated by Peter Westen, a generation ago. It is ironic that, despite the manifest inadequacy of equality as an independent good, in the increasingly strident clashes between religionists and those asserting claims based on equal treatment, or freedom from discrimination, the former tend to lose on the whole. All rights are said to be on the same level. As the courts repeatedly pronounce, there is no hierarchy. But the empirical experience of the Kulturkampf belies that assertion. This essay seeks to return the contest to a more even playing field by demystifying some of the ascendant-like claims of equality in contemporary rights disputes.
مجموعه
تاريخ نشر
2016
توصيف ظاهري
146-178
عنوان
Journal of Law, Religion and State
شماره جلد
4/2
شماره استاندارد بين المللي پياييندها
2212-4810
اصطلاحهای موضوعی کنترل نشده
اصطلاح موضوعی
equal treatment
اصطلاح موضوعی
Equality
اصطلاح موضوعی
hierarchies of rights
اصطلاح موضوعی
religious freedom
نام شخص به منزله سر شناسه - (مسئولیت معنوی درجه اول )