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OverviewHow 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. Full Product DetailsAuthor: Deborah Hellman (Professor of Law, Professor of Law, University of Virginia School of Law) , Sophia Moreau (Associate Professor, Associate Professor, University of Toronto)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 16.20cm , Height: 2.60cm , Length: 23.50cm Weight: 0.608kg ISBN: 9780199664313ISBN 10: 0199664315 Pages: 304 Publication Date: 28 November 2013 Audience: College/higher education , Professional and scholarly , Undergraduate , Postgraduate, Research & Scholarly Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsPart I: What Makes Discrimination Wrong? 1: Denise Réaume: Dignity, Equality and Comparison 2: Hanoch Sheinman: Comparative Justice in Discrimination Law 3: Deborah Hellman: Equality and Unconstitutional Discrimination 4: Sophia Moreau: In Defense of a Liberty-based Account of Discrimination 5: Richard Arneson: Discrimination, Disparate Impact, and Theories of Justice Part II: Problems of Constructing a Theory of Wrongful Discrimination 6: George Rutherglen: Concrete or Abstract Conceptions of Discrimination 7: Tarunabh Khaitan: Prelude to a Theory of Discrimination Law 8: 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 Thought Part III: Theoretical Lessons Derived from Practice 10: Benjamin Eidelson: Treating People as Individuals 11: Julie Suk: Quotas and Consequences: A Transnational Reevaluation 12: Micheal Selmi: Indirect Discrimination and the Antidiscrimination Mandate 13: David Wasserman: Is Disability Discrimination DifferentReviewsThis book would be suitable for any academic law library or any library serving students in philosophy or political scienceit would be important reading for a lawyer interested in discrimination law. Kristina Oldenburg, Canadian Law Library Review The editors stress that one aim of their volume is to demonstrate that certain questions are worth investigation . The book does so in an exemplary manner, and, invariably, the chapters provide interesting arguments for the conclusions their authors advocate. I suspect the volume will become a standard reference in philosophical discussions of discrimination and discrimination law. Kasper Lippert-Rasmussen, Notre Dame Philosophical Reviews The editors stress that one aim of their volume is to demonstrate that certain questions are worth investigation . The book does so in an exemplary manner, and, invariably, the chapters provide interesting arguments for the conclusions their authors advocate. I suspect the volume will become a standard reference in philosophical discussions of discrimination and discrimination law. * Kasper Lippert-Rasmussen, Notre Dame Philosophical Reviews * This book would be suitable for any academic law library or any library serving students in philosophy or political scienceit would be important reading for a lawyer interested in discrimination law. * Kristina Oldenburg, Canadian Law Library Review * The editors stress that one aim of their volume is to demonstrate that certain questions are worth investigation . The book does so in an exemplary manner, and, invariably, the chapters provide interesting arguments for the conclusions their authors advocate. I suspect the volume will become a standard reference in philosophical discussions of discrimination and discrimination law. Kasper Lippert-Rasmussen, Notre Dame Philosophical Reviews Author InformationDeborah 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 the University of Toronto. Professor Moreau is working on a book manuscript which elaborates a liberty-based account of why discrimination is wrong, for which she holds a SSHRC grant from the Government of Canada. Tab Content 6Author Website:Countries AvailableAll regions |
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