Philosophical Foundations of Discrimination Law

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Release : 2013-11-28
Genre : Law
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Book Rating : 294/5 ( reviews)

Philosophical Foundations of Discrimination Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Philosophical Foundations of Discrimination Law write by Deborah Hellman. This book was released on 2013-11-28. Philosophical Foundations of Discrimination Law available in PDF, EPUB and Kindle. 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.

Philosophical Foundations of Discrimination Law

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Author :
Release : 2013
Genre : Discrimination
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Book Rating : /5 ( reviews)

Philosophical Foundations of Discrimination Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Philosophical Foundations of Discrimination Law write by Deborah Hellman. This book was released on 2013. Philosophical Foundations of Discrimination Law available in PDF, EPUB and Kindle. 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.

A Theory of Discrimination Law

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Release : 2015-05-21
Genre : Political Science
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Book Rating : 389/5 ( reviews)

A Theory of Discrimination Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A Theory of Discrimination Law write by Tarunabh Khaitan. This book was released on 2015-05-21. A Theory of Discrimination Law available in PDF, EPUB and Kindle. 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.

Foundations of Employment Discrimination Law

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Release : 1997
Genre : Discrimination in employment
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Foundations of Employment Discrimination Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Foundations of Employment Discrimination Law write by John J. Donohue. This book was released on 1997. Foundations of Employment Discrimination Law available in PDF, EPUB and Kindle. Foundations of Employment Discrimination Law, part of the Interdisciplinary Readers in Law Series, looks at the moral and philosophical issues of employment and discrimination, featuring readings from Isaiah Berlin, Owen Fiss, and Milton Friedman. It covers the general development of the law, and devotes a section each to race discrimination, sex discrimination, and age and disability discrimination. Within each section Donohue considers the theories, economic issues, and the impact of the law, and includes a selection of critical perspectives

Philosophical Foundations of Discrimination Law

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Release : 2013-10
Genre : Law
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Book Rating : 315/5 ( reviews)

Philosophical Foundations of Discrimination Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Philosophical Foundations of Discrimination Law write by Deborah Hellman. This book was released on 2013-10. Philosophical Foundations of Discrimination Law available in PDF, EPUB and Kindle. Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.