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Theory of Discrimination Law, A


Theory of Discrimination Law, A

Hardback by Khaitan, Tarunabh (Associate Professor and Hackney Fellow in Law, Wadham College, Associate Professor and Hackney Fellow in Law, Wadham College, Oxford University)

Theory of Discrimination Law, A

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ISBN:
9780199656967
Publication Date:
21 May 2015
Language:
English
Publisher:
Oxford University Press
Pages:
288 pages
Format:
Hardback
For delivery:
Estimated despatch 22 May 2024
Theory of Discrimination Law, A

Description

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.

Contents

PART I: SCOPE AND DEFINITION; PART II: POINT AND PURPOSE; PART III: DESIGNING THE DUTIES

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