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.
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Produktdetaljer
ISBN
9780191066382
Publisert
2020
Utgiver
Vendor
OUP Oxford
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter