The Empty Idea of Equality Meets the Unbearable Fullness of Religion
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 th...
| Autor principal: | |
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| Tipo de documento: | Recurso Electrónico Artigo |
| Idioma: | Inglês |
| Verificar disponibilidade: | HBZ Gateway |
| Journals Online & Print: | |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Publicado em: |
2016
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| Em: |
Journal of law, religion and state
Ano: 2016, Volume: 4, Número: 2, Páginas: 146-178 |
| Outras palavras-chave: | B
Equality
equal treatment
religious freedom
hierarchies of rights
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| Acesso em linha: |
Volltext (Publisher) |
| Parallel Edition: | Não eletrônico
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| Resumo: | 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. |
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| Descrição Física: | Online-Ressource |
| ISSN: | 2212-4810 |
| Obras secundárias: | In: Journal of law, religion and state
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| Persistent identifiers: | DOI: 10.1163/22124810-00402002 |