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Vol 21 No 10 Oct/Nov 2016

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Philosophical Foundations of Discrimination Law

Edited by: Deborah Hellman, Sophia Moreau

ISBN13: 9780199664313
Published: November 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £63.00



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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.

Subjects:
Discrimination Law, Jurisprudence
Contents:
PART I: WHAT MAKES DISCRIMINATION WRONG?
1. Dignity, Equality and Comparison
2. Comparative Justice in Discrimination Law
3. Equality and Unconstitutional Discrimination
4. In Defense of a Liberty-based Account of Discrimination
5. Discrimination, Disparate Impact, and Theories of Justice

PART II: PROBLEMS OF CONSTRUCTING A THEORY OF WRONGFUL DISCRIMINATION
6. Concrete or Abstract Conceptions of Discrimination
7. Prelude to a Theory of Discrimination Law
8. Is there a Unitary Concept of Discrimination?
9. Racial and other Asymmetries: A Problem for the Protected Categories Framework for Antidiscrimination Thought

PART III: THEORETICAL LESSONS DERIVED FROM PRACTICE
10. Treating People as Individuals
11. Quotas and Consequences: A Transnational Reevaluation
12. Indirect Discrimination and the Antidiscrimination Mandate
13. Is Disability Discrimination Different

Series: Philosophical Foundations of Law

Philosophical Foundations of Tax Law ISBN 9780198798439
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Philosophical Foundations of Contract Law ISBN 9780198713029
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Philosophical Foundations of Law and Neuroscience ISBN 9780198743095
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Philosophical Foundations of Fiduciary Law ISBN 9780198783343
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Philosophical Foundations of Human Rights ISBN 9780199688630
Published April 2015
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Philosophical Foundations of Human Rights (eBook) ISBN 9780191002915
Published April 2015
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Philosophical Foundations of Contract Law (eBook) ISBN 9780191022081
Published December 2014
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£62.50 + £12.50 VAT
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Philosophical Foundations of Contract Law ISBN 9780198713012
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£75.00
Philosophical Foundations of Fiduciary Law ISBN 9780198701729
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Philosophical Foundations of the Law of Torts
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Philosophical Foundations of Property Law ISBN 9780199673582
Published November 2013
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£63.00
Philosophical Foundations of The Nature of Law ISBN 9780199675517
Published March 2013
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Philosophical Foundations of The Nature of Law (eBook) ISBN 9780191665622
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Philosophical Foundations of Criminal Law ISBN 9780199673674
Published January 2013
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£29.99
Philosophical Foundations of Criminal Law (eBook) ISBN 9780191654701
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Philosophical Foundations of Language in the Law ISBN 9780199673704
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£24.49
Philosophical Foundations of EU Law ISBN 9780199588770
Published October 2012
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Philosophical Foundations of Language in the Law ISBN 9780199572380
Published June 2011
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Philosophical Foundations of Language in the Law (eBook) ISBN 9780191654756
Published June 2011
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Philosophical Foundations of Criminal Law ISBN 9780199559152
Published March 2011
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Philosophical Foundations of the Law of Unjust Enrichment ISBN 9780199567751
Published March 2009
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