平等权的修辞功能研究

近年来,乙肝歧视、身高歧视和户籍歧视等主张同等对待的诉讼案件不断见诸报端。然而,深究这些案件中“平等权”的含义,不难发现,在日常生活中,“平等权”这一言辞将人们的注意焦点引向了追求“同等对待”上,而忽略了区分“同等”的正当标准。文章基于“平等”的多层次内涵,阐释“平等权”到底如何发挥对利益分配的合理化修辞功能的,进而结合案件探究解决各类歧视案件的有效途径。

A Study on the Rhetorical Functions of Equal Rights

In recent years, quite a few lawsuits caused by discrimination against hepatitis B, height or household register and so on have frequently been reported on newspapers, and the plaintiffs in those cases wanted to be equally treated. However, while we explore the implication of＂equal rights＂, it can be easily found that our attention was attracted to the pursuit of＂being equally treated＂ , whereas we ignored the rightful standards to differentiate＂equality＂. On the basis of muti-tiered implications of＂equality＂, this paper expounds how the ＂right of equality＇can perform its rhetorical function in the process of reasonable benefit distribution, and explores effective solu- tions to various discrimination cases.