Undazzling Equality

18 Pages Posted: 26 Sep 2016 Last revised: 1 Oct 2016

See all articles by Iain T. Benson

Iain T. Benson

University of Notre Dame Australia; University of the Free State - Faculty of Law, Department of Public Law

Date Written: September 24, 2016

Abstract

Everyone seems to think "equality" is a good idea and yet almost nobody can define what it means. "Treating likes alike and what is different differently" is one definition yet calls for the advancement of abstract "equality" often ignores the importance of "context" which is key to evaluating when and how far "equality" should apply. In many contemporary issues "equality" is said to be in opposition to other rights and so some debates are structured as "equality versus some other right(s)" ("religion" for example). This strategy, while clever, is dishonest since "religion" itself is an equality right (and is listed in such in Bills of Rights around the world). This paper will ask questions about why "equality", a term George Orwell rejected as "meaningless", exercises such a superficial appeal in our time and why it must be re-understood so diversity and freedom may be respected properly.

Keywords: Equality, rights, constitutional law, rights theory, philosophy of law

Suggested Citation

Benson, Iain, Undazzling Equality (September 24, 2016). Available at SSRN: https://ssrn.com/abstract=2842954 or http://dx.doi.org/10.2139/ssrn.2842954

Iain Benson (Contact Author)

University of Notre Dame Australia ( email )

29 Shepard Street
Chippendale, Sydney 2008
Australia

University of the Free State - Faculty of Law, Department of Public Law ( email )

Bloemfontein
South Africa

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