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Discrimination as Stigma: A Theory of Anti-Discrimination Law

Discrimination as Stigma: A Theory of Anti-Discrimination Law

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781849467384
  • 出版时间 January 2017
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509929825
¥1,116.25
发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    This monograph contributes to understanding of anti-discrimination law and theory. It explores questions surrounding the logic of equality law and reviews current theoretical approaches to this area of law.

    Using sociological theory, the author presents an anti-stigma principle and promotes it as a method to determine the scope of legal protection from discrimination.

    The anti-stigma principle departs from structural stigma – structural stigma recognises the role of both individual and institutional action in the process of stigmatisation. In so doing, it offers a practical method to reconstruct anti-discrimination law so that it incorporates both individual and social responsibility.

    In developing and applying the anti-stigma principle, the book draws upon case law from jurisdictions including the UK, USA and Canada, as well as wider international law.

  • Introduction
    I. Construction of the Anti-stigma Principle
    II. Application of the Anti-stigma Principle

    1. Stigma
    I. Defining Stigma
    II. Erwin Goffman and Stigma
    III. The Process of Stigmatisation
    IV. Developments in the Theory of Stigma
    V. Power
    VI. Conclusion

    2. Legal Protection from Discrimination
    I. Introduction
    II. Equality and Inequality in Political Philosophy
    III. The Anti-discrimination Principle in International Law
    IV. Closed Lists
    V. Open Lists
    VI. Dignity, Immutability and the Anti-discrimination Principle
    VII. The Limits of Dignity
    VIII. The Idea of Immutability
    IX. Conclusion

    3. Stigma and Litigation
    I. Goffman in Legal Scholarship
    II. Litigation in Europe
    III. Conclusion

    4. The Anti-stigma Principle
    I. Linking Interpersonal and Structural Stigma
    II. Models of Stigma and Public Health
    III. The Discrimination Virus
    IV. Conclusion

    5. Public Action to Combat Discrimination
    I. Tackling a Public Health Virus: The Ebola Outbreak of 2014
    II. The Transmission of Stigma
    III. Positive Action and the Public Sector Equality Duty (PSED)
    IV. Public Action to Tackle the Virus of Discrimination
    V. Conclusion

    6. Stigma, Synergy and Intersectionality
    I. Understanding Intersectional Discrimination
    II. Categorisation in Anti-discrimination Law
    III. Addressing Intersectional Discrimination
    IV. Applying Intersectional Discrimination
    V. Conclusion

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