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Discrimination as Stigma: A Theory of Anti-Discrimination Law

ISBN13: 9781509929825
Published: June 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £35.00
Hardback edition , ISBN13 9781849467384

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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.

Discrimination Law
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