RELATIONAL EQUALITY BEFORE POWER(S). TOWARDS THE SHIFTING PARAMETER

Maria Giulia Bernardini, Orsetta Giolo

Abstract


Equality is one of the most controversial concepts in the contemporary philosophical and legal debates. Alongside problems concerning its content, the critical theory scholars debate the neutrality associated to its abstract formulation. Indeed, traditional conceptions of equality do not make clear the asymmetrical positions of the individuals involved in the relation of equality, masking their content of domination and oppression and giving priority to those who have a position of power in the society. Conversely, critical theories focus on the weak part of the relation. Adopting the latter perspective, the Authors argue that, if we aim to obtain a conception of equality that is really sensitive to differences, we should turn those who hold the discredited, oppressed and discriminated positions into the parameter of equality.


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Comparative Law Review is registered at the Courthouse of Monza (Italy) - Nr. 1988 - May, 10th 2010.
Editors - Prof. Giovanni Marini, Prof. Pier Giuseppe Monateri, Prof. Tommaso Edoardo Frosini, Prof. Salvatore Sica, Prof. Alessandro Somma, Prof. Giuseppe Franco Ferrari, Prof. Massimiliano Granieri.

Direttore responsabile:Alessandro Somma