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Antidiscrimination Law and Social Equality (Paperback, New Ed)
Loot Price: R1,208
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Antidiscrimination Law and Social Equality (Paperback, New Ed)
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This important book addresses head-on the controversy over attempts
to reshape society in the name of antidiscrimination. While most
Americans understand that racism and similar ideologies are so
destructive that the state should do what it can to eradicate them,
this understanding conflicts with another widely held idea, that
the shaping of citizens' beliefs is not a legitimate objective of a
liberal state. Andrew Koppelman argues that the modern conception
of antidiscrimination law as a project of cultural transformation
is consistent with, and even demanded by, principles of liberty. He
clarifies the moral principles that should guide a society in which
some groups, such as blacks, women, and homosexuals, are unfairly
stigmatized. Koppelman surveys leading accounts of the evil that
antidiscrimination law seeks to remedy, analyzing works by such
theorists as Ronald Dworkin, John Hart Ely, Kenneth Karst, Owen
Fiss, Alan Freeman, Catharine MacKinnon, and Iris Marion Young. He
shows that, while each points to a valuable moral aspiration, none
of these aspirations can be realized without cultural
transformation, because the central evil that antidiscrimination
law seeks to remedy is unjust social devaluation. Koppelman takes
up objections from liberal theory, focusing on the works of Robert
Nozick, John Rawls, and Bruce Ackerman, and he concludes that
liberal principles themselves condemn the corrupting and degrading
effects of prejudice and forbid official indifference to those
effects. In a final chapter, he addresses the question whether the
law should contribute to the transformation of culture by
penalizing hate speech and pornography.
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