Read book A Theory of Discrimination Law by Tarunabh Khaitan FB2, DJV, EPUB
9780199656967 English 0199656967 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., 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., This book provides a general theory of discrimination law as practised in liberal democratic jurisdictions. Rejecting accounts that place the value of equality at the heart of the law, it argues that discrimination law protects individual autonomy. Applying the theory, the book tackles the central legal problems in applying discrimination laws.
9780199656967 English 0199656967 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., 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., This book provides a general theory of discrimination law as practised in liberal democratic jurisdictions. Rejecting accounts that place the value of equality at the heart of the law, it argues that discrimination law protects individual autonomy. Applying the theory, the book tackles the central legal problems in applying discrimination laws.