A Theory Of Discrimination Law

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A Theory of Discrimination Law

Tarunabh Khaitan
A Theory of Discrimination Law Book PDF

Author : Tarunabh Khaitan
Publisher : OUP Oxford
Page : 272 pages
File Size : 41,6 Mb
Release : 2015-05-21
Category : Political Science
ISBN : 9780191066382

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A Theory of Discrimination Law by Tarunabh Khaitan Pdf

Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.

A Theory of Discrimination Law

Tarunabh Khaitan
A Theory of Discrimination Law Book PDF

Author : Tarunabh Khaitan
Publisher : Oxford University Press, USA
Page : 289 pages
File Size : 53,5 Mb
Release : 2015
Category : Law
ISBN : 9780199656967

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A Theory of Discrimination Law by Tarunabh Khaitan Pdf

Fundamental and complex questions surround discrimination law and plague its application. When is discrimination justifiable? What is the purpose of the law, and its relationship to social equality? Is discrimination law designed to protect individual choices or marginalised groups? This book presents a unified theory of discrimination law, arguing that these questions have remained controversial because of a failure to distinguish between the need to justify the practise of discrimination law, from the need to justify the duty imposing rules of this practise. The book argues that the law is grounded not in the value of equality but autonomy - its purpose to provide people with a free choice between valuable options. It presents discrimination law as a distinctively liberal social programme.

Discrimination as Stigma

Iyiola Solanke
Discrimination as Stigma Book PDF

Author : Iyiola Solanke
Publisher : Bloomsbury Publishing
Page : 183 pages
File Size : 50,7 Mb
Release : 2016-12-29
Category : Law
ISBN : 9781782256373

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Discrimination as Stigma by Iyiola Solanke Pdf

This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.

Philosophical Foundations of Discrimination Law

Deborah Hellman,Sophia Moreau
Philosophical Foundations of Discrimination Law Book PDF

Author : Deborah Hellman,Sophia Moreau
Publisher : OUP Oxford
Page : 320 pages
File Size : 55,7 Mb
Release : 2013-11-28
Category : Law
ISBN : 9780191641305

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Philosophical Foundations of Discrimination Law by Deborah Hellman,Sophia Moreau Pdf

How do we understand and justify the particular partialities that discrimination law tries to protect against? Are different discrimination laws from around the world grounded in a single set of norms? And does discrimination law fail to treat people as individuals? The philosophical study around discrimination law in the private and public sector is a relatively young field of inquiry. This is owing to the fact that anti-discrimination laws are relatively new. It is arguably only since the Second World War that these rights have been adopted by countries in a broad sense, ensuring that all citizens have civil rights and the right to non-discrimination. Theory around discrimination law has until recently been threefold, doctrinal in its approach, questioning equality - why it matters and why should it influence legislatures in the design of policy - and thirdly focusing on the issue of affirmative action. This volume takes a fresh look at the philosophy of discrimination law, identifying points of discussion in need of further study. It addresses how we are to understand and justify laws prohibiting discrimination. For instance, how discrimination might be best conceived - as a personal wrong or as an unfair distribution of resources. The volume then turns to a number of meta-theoretical questions, whether different discrimination laws are coherent and grounded in collectively held beliefs or are instead a collection of very different rules that have no underlying coherence. Lastly, the authors focus on issues in discrimination law that are currently the topic of considerable political debate. The questions raised here are urgent and necessary and it is the hope of the authors that other academics and philosophers may join in their discussions.

Faces of Inequality

Sophia Moreau
Faces of Inequality Book PDF

Author : Sophia Moreau
Publisher : Oxford University Press, USA
Page : 277 pages
File Size : 45,9 Mb
Release : 2020
Category : Law
ISBN : 9780190927301

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Faces of Inequality by Sophia Moreau Pdf

This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaints by thinking of them as complaints about different ways in which they have not been treated as equals in their societies--in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good, that is, a good that this person must have access to if they are to be, and to be seen as, an equal in their society. The book devotes a chapter to each of these wrongs, exploring in detail what unfair subordination consists of; what deliberative freedoms are, and when each of us has a right to them; and what it means to deny someone access to a basic good. The author explains why these wrongs are each distinctive, but are each a different way of failing to treat some people as the equals of others. Finally the author argues that both the state and we as individuals have a duty to treat others as equals, in these three specific senses.

Measuring Racial Discrimination

National Research Council,Division of Behavioral and Social Sciences and Education,Committee on National Statistics,Panel on Methods for Assessing Discrimination
Measuring Racial Discrimination Book PDF

Author : National Research Council,Division of Behavioral and Social Sciences and Education,Committee on National Statistics,Panel on Methods for Assessing Discrimination
Publisher : National Academies Press
Page : 335 pages
File Size : 44,5 Mb
Release : 2004-07-24
Category : Social Science
ISBN : 9780309091268

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Measuring Racial Discrimination by National Research Council,Division of Behavioral and Social Sciences and Education,Committee on National Statistics,Panel on Methods for Assessing Discrimination Pdf

Many racial and ethnic groups in the United States, including blacks, Hispanics, Asians, American Indians, and others, have historically faced severe discriminationâ€"pervasive and open denial of civil, social, political, educational, and economic opportunities. Today, large differences among racial and ethnic groups continue to exist in employment, income and wealth, housing, education, criminal justice, health, and other areas. While many factors may contribute to such differences, their size and extent suggest that various forms of discriminatory treatment persist in U.S. society and serve to undercut the achievement of equal opportunity. Measuring Racial Discrimination considers the definition of race and racial discrimination, reviews the existing techniques used to measure racial discrimination, and identifies new tools and areas for future research. The book conducts a thorough evaluation of current methodologies for a wide range of circumstances in which racial discrimination may occur, and makes recommendations on how to better assess the presence and effects of discrimination.

Basic Equality and Discrimination

Dr Nicholas Mark Smith
Basic Equality and Discrimination Book PDF

Author : Dr Nicholas Mark Smith
Publisher : Ashgate Publishing, Ltd.
Page : 239 pages
File Size : 50,5 Mb
Release : 2013-02-28
Category : Political Science
ISBN : 9781409497608

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Basic Equality and Discrimination by Dr Nicholas Mark Smith Pdf

The focus of this book is the idea of equality as a moral, political and jurisprudential concept. The author is motivated primarily by a concern to better understand conundrums in the justification, interpretation and application of discrimination law. Nicholas Smith aims to provide a clearer understanding of the nature of the value that the law is trying to uphold - equality. He rejects the notion that the concept of equality is vacuous and defends the idea as the proper range of moral concern. After discussing the general characteristics of the denial of equality and some types of discrimination, Smith considers prominent views on the point of equality law. He argues that human rights lawyers should step back from the business of trying to steer courts towards vague equality goals informed by conceptions of equality that are either empty or even more abstract than the notion of equality itself. If they do, Smith thinks that the meaning of 'equality' will be apparent, though abstract, and our difficulties will be shown to be, in the first instance, moral ones. These moral issues will require more rigorous attention before we can draft discrimination law which gives clear effect to a widely legitimate understanding of what it means to uphold and promote equality. This book will be a valuable resource for students and researchers working in the areas of legal philosophy, political theory, public law, and human rights law.

Discrimination Law

Nicholas Bamforth,Maleiha Malik,Colm O'Cinneide
Discrimination Law Book PDF

Author : Nicholas Bamforth,Maleiha Malik,Colm O'Cinneide
Publisher : Unknown
Page : 1300 pages
File Size : 53,7 Mb
Release : 2008
Category : Discrimination
ISBN : OCLC:1244590908

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Discrimination Law by Nicholas Bamforth,Maleiha Malik,Colm O'Cinneide Pdf

This text gives an exposition of domestic, European and international anti-discrimination law. It draws on historical, anthropological, economic and political science scholarship, and places the law in a broad theoretical context.

Intersectional Discrimination

Shreya Atrey
Intersectional Discrimination Book PDF

Author : Shreya Atrey
Publisher : Oxford University Press
Page : 256 pages
File Size : 55,6 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780192588838

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Intersectional Discrimination by Shreya Atrey Pdf

This book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberlé Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.

Foundations of Indirect Discrimination Law

Hugh Collins,Tarunabh Khaitan
Foundations of Indirect Discrimination Law Book PDF

Author : Hugh Collins,Tarunabh Khaitan
Publisher : Bloomsbury Publishing
Page : 461 pages
File Size : 51,8 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781509912537

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Foundations of Indirect Discrimination Law by Hugh Collins,Tarunabh Khaitan Pdf

Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies. Cited by Justice Miller in R v Sharma, 2020 ONCA 478, Court of Appeal for Ontario, 24 July 2020; by Justice Abella in Fraser v Canada (Attorney General), 2020 SCC 28, Supreme Court of Canada, 16 October 2020; and by Justice Chandrachud in Nitisha v Union of India, WP(C) No-001109 - 2020, Supreme Court of India, 25 March 2021.

When Is Discrimination Wrong?

Deborah Hellman
When Is Discrimination Wrong Book PDF

Author : Deborah Hellman
Publisher : Harvard University Press
Page : 217 pages
File Size : 47,5 Mb
Release : 2011-03-11
Category : Law
ISBN : 9780674060296

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When Is Discrimination Wrong? by Deborah Hellman Pdf

A law requires black bus passengers to sit in the back of the bus. The U.S. Food and Drug Administration approves a drug for use by black heart failure patients. A state refuses to license drivers under age 16. A company avoids hiring women between the ages of 20 and 40. We routinely draw distinctions among people on the basis of characteristics that they possess or lack. While some distinctions are benign, many are morally troubling. In this boldly conceived book, Deborah Hellman develops a much-needed general theory of discrimination. She demonstrates that many familiar ideas about when discrimination is wrongÑwhen it is motivated by prejudice, grounded in stereotypes, or simply departs from merit-based decision-makingÑwonÕt adequately explain our widely shared intuitions. Hellman argues that, in the end, distinguishing among people on the basis of traits is wrong when it demeans any of the people affected. She deftly explores the question of how we determine what is in fact demeaning. Claims of wrongful discrimination are among the most common moral claims asserted in public and private life. Yet the roots of these claims are often left unanalyzed. When Is Discrimination Wrong? explores what it means to treat people as equals and thus takes up a central problem of democracy.

Making Anti-racial Discrimination Law

Iyiola Solanke
Making Anti racial Discrimination Law Book PDF

Author : Iyiola Solanke
Publisher : Routledge
Page : 258 pages
File Size : 53,6 Mb
Release : 2009
Category : Law
ISBN : 9780415467803

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Making Anti-racial Discrimination Law by Iyiola Solanke Pdf

Taking a comparative approach this book examines the evolution of anti-racial discrimination law from a socio-legal perspective. The book focuses primarily on Great Britain and Germany but also demonstrates how national politics feeds into EU policy.

Philosophical Foundations of Discrimination Law

Deborah Hellman,Sophia Moreau
Philosophical Foundations of Discrimination Law Book PDF

Author : Deborah Hellman,Sophia Moreau
Publisher : Unknown
Page : 283 pages
File Size : 42,5 Mb
Release : 2013
Category : Discrimination
ISBN : OCLC:873412270

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Philosophical Foundations of Discrimination Law by Deborah Hellman,Sophia Moreau Pdf

How do we understand and justify the particular partialities that discrimination law tries to protect against? Are different discrimination laws from around the world grounded in a single set of norms? And does discrimination law fail to treat people as individuals? The philosophical study around discrimination law in the private and public sector is a relatively young field of inquiry. This is owing to the fact that anti-discrimination laws are relatively new. It is arguably only since the Second World War that these rights have been adopted by countries in a broad sense, ensuring that all citizens have civil rights and the right to non-discrimination. Theory around discrimination law has until recently been threefold, doctrinal in its approach, questioning equality - why it matters and why should it influence legislatures in the design of policy - and thirdly focusing on the issue of affirmative action. This volume takes a fresh look at the philosophy of discrimination law, identifying points of discussion in need of further study. It addresses how we are to understand and justify laws prohibiting discrimination. For instance, how discrimination might be best conceived - as a personal wrong or as an unfair distribution of resources. The volume then turns to a number of meta-theoretical questions, whether different discrimination laws are coherent and grounded in collectively held beliefs or are instead a collection of very different rules that have no underlying coherence. Lastly, the authors focus on issues in discrimination law that are currently the topic of considerable political debate. The questions raised here are urgent and necessary and it is the hope of the authors that other academics and philosophers may join in their discussions.

Discrimination as Stigma

Iyiola Solanke
Discrimination as Stigma Book PDF

Author : Iyiola Solanke
Publisher : Hart Publishing
Page : 128 pages
File Size : 42,7 Mb
Release : 2017
Category : Discrimination
ISBN : 1474203434

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Discrimination as Stigma by Iyiola Solanke Pdf

Introduction -- Stigma -- Legal protection from discrimination -- Stigma and litigation -- The anti-stigma principle -- Public action to combat discrimination -- Stigma, synergy and intersectionality -- Legal protection against "fattism"--Tattoos : beyond anti-discrimination law?

Forbidden Grounds

Richard A. Epstein
Forbidden Grounds Book PDF

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 980 pages
File Size : 52,8 Mb
Release : 1992
Category : Business & Economics
ISBN : 0674308093

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Forbidden Grounds by Richard A. Epstein Pdf

This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws. He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major