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Philosophical Foundations of Discrimination Law

Philosophical Foundations of Discrimination Law

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780199664313
  • 出版时间 November 2013
  • 规格: Hardback , 304 pages
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    • An interdisciplinary discussion between philosophy and law on the issues of discrimination law
    • Brings together the practical questions about regulating discrimination with theory grounding these prohibitions
    • Contains all new essays by leading scholars offering a roadmap of current thinking in the field
    • A multi jurisdictional work offering comparative perspective on the philosophy of discrimination law

    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.

     

    Readership: Academics and advanced students in legal philosophy, discrimination law and human rights, or political philosophy.

  • Part I: What Makes Discrimination Wrong?
    1: Denise Réaume: Dignity, Equality and Comparison
    2: Hanoch Sheinman: Comparative Justice in Discrimination Law
    3: Deborah Hellman: Equality and Unconstitutional Discrimination
    4: Sophia Moreau: In Defense of a Liberty-based Account of Discrimination
    5: Richard Arneson: Discrimination, Disparate Impact, and Theories of Justice
    Part II: Problems of Constructing a Theory of Wrongful Discrimination
    6: George Rutherglen: Concrete or Abstract Conceptions of Discrimination
    7: Tarunabh Khaitan: Prelude to a Theory of Discrimination Law
    8: Patrick Shin: Is there a Unitary Concept of Discrimination?
    9: Lawrence Blum: Racial and other Asymmetries: A Problem for the Protected Categories Framework for Antidiscrimination Thought
    Part III: Theoretical Lessons Derived from Practice
    10: Benjamin Eidelson: Treating People as Individuals
    11: Julie Suk: Quotas and Consequences: A Transnational Reevaluation
    12: Micheal Selmi: Indirect Discrimination and the Antidiscrimination Mandate
    13: David Wasserman: Is Disability Discrimination Different

  • Deborah Hellman is Professor of Law at the University of Virginia School of Law. She is the author of 'When is Discrimination Wrong?' (Harvard U. Press, 2008). Prior to joining the University of Virginia law faculty, Hellman taught at the University of Maryland School of Law

    Sophia Moreau is Associate Professor of Law and Philosophy at the University of Toronto. Professor Moreau is working on a book manuscript which elaborates a liberty-based account of why discrimination is wrong, for which she holds a SSHRC grant from the Government of Canada.

    Contributors: 
    Richard Arneson, University of California
    Lawrence Blum, University of Massachusetts
    Benjamin Eidelson, Yale Law School 
    Deborah Hellman, University of Maryland
    Tarunabh Khaitan, Oxford University 
    Sophia Moreau, University of Toronto 
    Denise Réaume, University of Toronto 
    George Rutherglen, University of Virgina 
    Micheal Selmi, George Washington University 
    Hanoch Sheinman, Bar-Ilan University 
    Patrick Shin, Suffolk University 
    Julie Suk, Yeshiva University
    David Wasserman, NIH Bioethics

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