Philosophical Foundations of Discrimination Law

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.

Auteur
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 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.

Texte du rabat

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.

Contenu

PART I: WHAT MAKES DISCRIMINATION WRONG? ; 1. Dignity, Equality and Comparison ; 2. Comparative Justice in Discrimination Law ; 3. Equality and Unconstitutional Discrimination ; 4. In Defense of a Liberty-based Account of Discrimination ; 5. Discrimination, Disparate Impact, and Theories of Justice ; PART II: PROBLEMS OF CONSTRUCTING A THEORY OF WRONGFUL DISCRIMINATION ; 6. Concrete or Abstract Conceptions of Discrimination ; 7. Prelude to a Theory of Discrimination Law ; 8. Is there a Unitary Concept of Discrimination? ; 9. Racial and other Asymmetries: A Problem for the Protected Categories Framework for Antidiscrimination Thought ; PART III: THEORETICAL LESSONS DERIVED FROM PRACTICE ; 10. Treating People as Individuals ; 11. Quotas and Consequences: A Transnational Reevaluation ; 12. Indirect Discrimination and the Antidiscrimination Mandate ; 13. Is Disability Discrimination Different