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.
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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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Solanke’s monograph offers a genuinely innovative theory of antidiscrimination law, embracing an interdisciplinary approach that remains all too rare in legal scholarship ... Focusing on the link between law and society can only be a good thing, particularly in such trying times. Solanke’s monograph is highly recommended. It is a much-needed contribution to anti-discrimination scholarship.
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This book explores the questions surrounding the logic of equality law and reviews current theoretical approaches to anti-discrimination law.

Produktdetaljer

ISBN
9781849467384
Publisert
2017-01-26
Utgiver
Vendor
Hart Publishing
Vekt
526 gr
Høyde
234 mm
Bredde
156 mm
Dybde
18 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
256

Forfatter

Biographical note

Iyiola Solanke is Professor in EU Law and Social Justice at the School of Law, University of Leeds and an Associate Academic Fellow of the Inner Temple.