A Theory Of Discrimination Law

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A Theory of Discrimination Law

Author : Tarunabh Khaitan
Publisher : OUP Oxford
ISBN 13 : 0191066389
Total Pages : 272 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis A Theory of Discrimination Law by : Tarunabh Khaitan

Download or read book A Theory of Discrimination Law written by Tarunabh Khaitan and published by OUP Oxford. This book was released on 2015-05-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Theory of Discrimination Law

Author : Tarunabh Khaitan
Publisher : Oxford University Press, USA
ISBN 13 : 0199656967
Total Pages : 289 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis A Theory of Discrimination Law by : Tarunabh Khaitan

Download or read book A Theory of Discrimination Law written by Tarunabh Khaitan and published by Oxford University Press, USA. This book was released on 2015 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamental and complex questions surround discrimination law and plague its application. When is discrimination justifiable? What is the purpose of the law, and its relationship to social equality? Is discrimination law designed to protect individual choices or marginalised groups? This book presents a unified theory of discrimination law, arguing that these questions have remained controversial because of a failure to distinguish between the need to justify the practise of discrimination law, from the need to justify the duty imposing rules of this practise. The book argues that the law is grounded not in the value of equality but autonomy - its purpose to provide people with a free choice between valuable options. It presents discrimination law as a distinctively liberal social programme.

Discrimination as Stigma

Author : Iyiola Solanke
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256377
Total Pages : 183 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Discrimination as Stigma by : Iyiola Solanke

Download or read book Discrimination as Stigma written by Iyiola Solanke and published by Bloomsbury Publishing. This book was released on 2016-12-29 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Philosophical Foundations of Discrimination Law

Author : Deborah Hellman
Publisher : Philosophical Foundations of L
ISBN 13 : 0199664315
Total Pages : 306 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Philosophical Foundations of Discrimination Law by : Deborah Hellman

Download or read book Philosophical Foundations of Discrimination Law written by Deborah Hellman and published by Philosophical Foundations of L. This book was released on 2013-10 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.

Faces of Inequality

Author : Sophia Moreau
Publisher : Oxford University Press, USA
ISBN 13 : 0190927305
Total Pages : 277 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Faces of Inequality by : Sophia Moreau

Download or read book Faces of Inequality written by Sophia Moreau and published by Oxford University Press, USA. This book was released on 2020 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaints by thinking of them as complaints about different ways in which they have not been treated as equals in their societies--in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good, that is, a good that this person must have access to if they are to be, and to be seen as, an equal in their society. The book devotes a chapter to each of these wrongs, exploring in detail what unfair subordination consists of; what deliberative freedoms are, and when each of us has a right to them; and what it means to deny someone access to a basic good. The author explains why these wrongs are each distinctive, but are each a different way of failing to treat some people as the equals of others. Finally the author argues that both the state and we as individuals have a duty to treat others as equals, in these three specific senses.

Measuring Racial Discrimination

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309091268
Total Pages : 335 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Measuring Racial Discrimination by : National Research Council

Download or read book Measuring Racial Discrimination written by National Research Council and published by National Academies Press. This book was released on 2004-07-24 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many racial and ethnic groups in the United States, including blacks, Hispanics, Asians, American Indians, and others, have historically faced severe discriminationâ€"pervasive and open denial of civil, social, political, educational, and economic opportunities. Today, large differences among racial and ethnic groups continue to exist in employment, income and wealth, housing, education, criminal justice, health, and other areas. While many factors may contribute to such differences, their size and extent suggest that various forms of discriminatory treatment persist in U.S. society and serve to undercut the achievement of equal opportunity. Measuring Racial Discrimination considers the definition of race and racial discrimination, reviews the existing techniques used to measure racial discrimination, and identifies new tools and areas for future research. The book conducts a thorough evaluation of current methodologies for a wide range of circumstances in which racial discrimination may occur, and makes recommendations on how to better assess the presence and effects of discrimination.

When Is Discrimination Wrong?

Author : Deborah Hellman
Publisher : Harvard University Press
ISBN 13 : 0674060296
Total Pages : 217 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis When Is Discrimination Wrong? by : Deborah Hellman

Download or read book When Is Discrimination Wrong? written by Deborah Hellman and published by Harvard University Press. This book was released on 2011-03-11 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: A law requires black bus passengers to sit in the back of the bus. The U.S. Food and Drug Administration approves a drug for use by black heart failure patients. A state refuses to license drivers under age 16. A company avoids hiring women between the ages of 20 and 40. We routinely draw distinctions among people on the basis of characteristics that they possess or lack. While some distinctions are benign, many are morally troubling. In this boldly conceived book, Deborah Hellman develops a much-needed general theory of discrimination. She demonstrates that many familiar ideas about when discrimination is wrongÑwhen it is motivated by prejudice, grounded in stereotypes, or simply departs from merit-based decision-makingÑwonÕt adequately explain our widely shared intuitions. Hellman argues that, in the end, distinguishing among people on the basis of traits is wrong when it demeans any of the people affected. She deftly explores the question of how we determine what is in fact demeaning. Claims of wrongful discrimination are among the most common moral claims asserted in public and private life. Yet the roots of these claims are often left unanalyzed. When Is Discrimination Wrong? explores what it means to treat people as equals and thus takes up a central problem of democracy.

Basic Equality and Discrimination

Author : Dr Nicholas Mark Smith
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409497607
Total Pages : 239 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Basic Equality and Discrimination by : Dr Nicholas Mark Smith

Download or read book Basic Equality and Discrimination written by Dr Nicholas Mark Smith and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this book is the idea of equality as a moral, political and jurisprudential concept. The author is motivated primarily by a concern to better understand conundrums in the justification, interpretation and application of discrimination law. Nicholas Smith aims to provide a clearer understanding of the nature of the value that the law is trying to uphold - equality. He rejects the notion that the concept of equality is vacuous and defends the idea as the proper range of moral concern. After discussing the general characteristics of the denial of equality and some types of discrimination, Smith considers prominent views on the point of equality law. He argues that human rights lawyers should step back from the business of trying to steer courts towards vague equality goals informed by conceptions of equality that are either empty or even more abstract than the notion of equality itself. If they do, Smith thinks that the meaning of 'equality' will be apparent, though abstract, and our difficulties will be shown to be, in the first instance, moral ones. These moral issues will require more rigorous attention before we can draft discrimination law which gives clear effect to a widely legitimate understanding of what it means to uphold and promote equality. This book will be a valuable resource for students and researchers working in the areas of legal philosophy, political theory, public law, and human rights law.

Intersectional Discrimination

Author : Shreya Atrey
Publisher : Oxford University Press
ISBN 13 : 0192588834
Total Pages : 256 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Intersectional Discrimination by : Shreya Atrey

Download or read book Intersectional Discrimination written by Shreya Atrey and published by Oxford University Press. This book was released on 2019-09-19 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberlé Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.

Employment Discrimination Law

Author : Robert Belton
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 1080 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Employment Discrimination Law by : Robert Belton

Download or read book Employment Discrimination Law written by Robert Belton and published by West Academic Publishing. This book was released on 2004 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting the dominate theme of workplace equality, the authors go beyond this general consensus to affirm that the fundamental purpose of laws prohibiting employment discrimination is to implement the national civil rights policy. Organized around an examination of the reach and limits of laws, the book scrutinizes the federal statutory protection against employment discrimination. Constitutional provisions and state laws are included where appropriate. In addition, this new edition extensively uses scholarship drawn from the work of critical race theorists and feminist legal scholars. It also has materials on the law and economics approach to employment discrimination.

Comparative Discrimination Law

Author : Laura Carlson
Publisher : BRILL
ISBN 13 : 9004345450
Total Pages : 146 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Comparative Discrimination Law by : Laura Carlson

Download or read book Comparative Discrimination Law written by Laura Carlson and published by BRILL. This book was released on 2017-12-11 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. This first volume is dedicated to setting out an introduction to the field of comparative discrimination law to give the reader a platform from which to undertake further reading and research in the compelling topic of comparative discrimination law.

Philosophical Foundations of Discrimination Law

Author : Deborah Hellman
Publisher : OUP Oxford
ISBN 13 : 0191641308
Total Pages : 320 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Philosophical Foundations of Discrimination Law by : Deborah Hellman

Download or read book Philosophical Foundations of Discrimination Law written by Deborah Hellman and published by OUP Oxford. This book was released on 2013-11-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Discrimination in Labor Markets

Author : Orley Ashenfelter
Publisher : Princeton University Press
ISBN 13 : 1400867061
Total Pages : 195 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Discrimination in Labor Markets by : Orley Ashenfelter

Download or read book Discrimination in Labor Markets written by Orley Ashenfelter and published by Princeton University Press. This book was released on 2015-03-08 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains revised versions of the papers presented in 1971 at the Princeton University Conference on Discrimination in Labor Markets, and the formal discussions of them. This paper is by Kenneth Arrow, winner of the Nobel Prize in Economics, who lays the theoretical foundations of the economic analysis of discrimination in labor markets. Finis Welch discusses the relationship between schooling and labor market discrimination. Orley Ashenfelter's paper presents a method for estimating the effect of an important institution—trade unionism—on the wages of black workers relative to whites. Ronald Oaxaca provides a framework for measuring the extent of discrimination against women. Finally, Phyllis Wallace examines public policy on discrimination and suggests strategies for public policy in this area. Originally published in 1974. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Forbidden Grounds

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 9780674308091
Total Pages : 980 pages
Book Rating : 4.3/5 (8 download)

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Book Synopsis Forbidden Grounds by : Richard A. Epstein

Download or read book Forbidden Grounds written by Richard A. Epstein and published by Harvard University Press. This book was released on 1992 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws. He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major

Employment Discrimination

Author : George Rutherglen
Publisher : Foundation Press
ISBN 13 : 9781599416441
Total Pages : 986 pages
Book Rating : 4.4/5 (164 download)

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Book Synopsis Employment Discrimination by : George Rutherglen

Download or read book Employment Discrimination written by George Rutherglen and published by Foundation Press. This book was released on 2009-01-01 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Employment Discrimination Law

Author : George Rutherglen
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Employment Discrimination Law by : George Rutherglen

Download or read book Employment Discrimination Law written by George Rutherglen and published by . This book was released on 2007 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ... CHAPTER V. THE CAMBRIDGE PLATONISTS. "while the Cartesian philosophy was thus spreading on the Continent and in England, a fresh source of intellectual activity was developing itself in that very remarkable school, which, confined chiefly to our own University, exercised, during a considerable part of the century, no small influence over her most studious and thoughtful minds. At first sight it would seem singular that there should be any sympathy whatever between a school of thought which was little more than a re-construction out of the philosophy of the past, --of that section of ancient philosophy moreover of which most modern thinkers are apt to speak with least tolerance, --and a system professedly hostile to all earlier modes of speculation, and which aimed at effecting a total revolution in the whole domain of philosophic research. Beyond the essentially subjective cha-Neo-putoracter which belonged alike to the philosophy of Descartes nlm and that of Henry More, there would appear indeed to have been little in common save dissatisfaction with the existing state of things. The Platonism of the seventeenth century was not simply a revival of a past school of thought, but it was also an avowed declaration against Calvinistic doctrines and Aristotelian dogmas., More has sufficiently indicated this fact in his own narrative of himself. "But neither there" (at school), says he, "nor yet anywhere else could I ever swallow down that hard doctrine con cerning fate. On the contrary, I remember that upon those words of Epictetas, "Aye fie 3 Zev, teat av ij ire- irpapivt, Lead me, O Jupiter, and thou Fate, I did (with my eldest brother, who then, as it happened, had accompanied my uncle thither), very stoutly and earnestly for my years, ...

Making Anti-racial Discrimination Law

Author : Iyiola Solanke
Publisher : Routledge
ISBN 13 : 0415467802
Total Pages : 258 pages
Book Rating : 4.4/5 (154 download)

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Book Synopsis Making Anti-racial Discrimination Law by : Iyiola Solanke

Download or read book Making Anti-racial Discrimination Law written by Iyiola Solanke and published by Routledge. This book was released on 2009 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a comparative approach this book examines the evolution of anti-racial discrimination law from a socio-legal perspective. The book focuses primarily on Great Britain and Germany but also demonstrates how national politics feeds into EU policy.