On Interpretation of the Right to Equality: Structural Reason and Hermeneutic Analysis

The major difficulty in interpreting the right to equality lies in the ambiguity of equality. It has multiple interpretations and cannot be clarified with existing theories. Such phenomenon is caused by tautology—the logical structure of the right to equality. Tautology has both advantages and disadvantages. It profoundly influenced the practice of the right to equality and is also the key to its interpretation. First, the right to equality can produce norms. Through the explanation of tautology, systematic doctrines of equality norms can be produced. Second, the right to equality can promote interaction between subjects of law. It acts as a platform where subjects can communicate their views on equality. These two functions solve the interpretation problem temporarily but not finally. From hermeneutics view on interpretation, we can see that there is no final “objective interpretation” of the right to equality and no need to eliminate the existence of tautology. On the contrary, rigid interpretation may cause severe consequences in practice. The right to equality should be interpreted interactively and openly, following its tautological nature.