Philosophical Foundations of Discrimination Law

Hardcover | December 11, 2013

EditorDeborah Hellman, Sophia Moreau

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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 abroad 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 - andthirdly 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 asan 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, theauthors 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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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 pu...

Deborah Hellman is Professor of Law at the University of Virginia School of Law. She is the author of When is Discrimination Wrong? (Harvard U. Press, 2008). Prior to joining the University of Virginia law faculty, Hellman taught at the University of Maryland School of Law. Sophia Moreau is Associate Professor of Law and Philosophy at ...

other books by Deborah Hellman

When Is Discrimination Wrong?
When Is Discrimination Wrong?

Paperback|Mar 11 2011

$25.28 online$26.00list price
Format:HardcoverDimensions:320 pages, 9.21 × 6.14 × 0.1 inPublished:December 11, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199664315

ISBN - 13:9780199664313

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Table of Contents

Part I: What Makes Discrimination Wrong?1. Denise Reaume: Dignity, Equality and Comparison2. Hanoch Sheinman: Comparative Justice in Discrimination Law3. Deborah Hellman: Equality and Unconstitutional Discrimination4. Sophia Moreau: In Defense of a Liberty-based Account of Discrimination5. Richard Arneson: Discrimination, Disparate Impact, and Theories of JusticePart II: Problems of Constructing a Theory of Wrongful Discrimination6. George Rutherglen: Concrete or Abstract Conceptions of Discrimination7. Tarunabh Khaitan: Prelude to a Theory of Discrimination Law8. Patrick Shin: Is there a Unitary Concept of Discrimination?9. Lawrence Blum: Racial and other Asymmetries: A Problem for the Protected Categories Framework for Antidiscrimination ThoughtPart III: Theoretical Lessons Derived from Practice10. Benjamin Eidelson: Treating People as Individuals11. Julie Suk: Quotas and Consequences: A Transnational Reevaluation12. Micheal Selmi: Indirect Discrimination and the Antidiscrimination Mandate13. David Wasserman: Is Disability Discrimination Different