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Philosophical Foundations of Discrimination Law (Hardcover)
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Philosophical Foundations of Discrimination Law (Hardcover)
Series: Philosophical Foundations of Law
Expected to ship within 12 - 19 working days
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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.
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