Constitutional Law

Download e-book for kindle: A Theory of Discrimination Law by Tarunabh Khaitan

By Tarunabh Khaitan

Marrying felony doctrine from 5 pioneering and conversant jurisdictions with modern political philosophy, this publication offers a common idea of discrimination legislation. half I supplies a theoretically rigorous account of the id and scope of discrimination legislation: what makes a felony norm a norm of discrimination legislation? what's the structure of discrimination legislation? not like the process well liked by so much textbooks, the dialogue eschews list-based
discussions of safe grounds, as an alternative setting up the doctrine in a transparent thematic structure.

This definitional preamble units the time table for the following elements. half II attracts upon the identification and constitution of discrimination legislations to contemplate what the purpose of this zone of legislations is. consciousness to felony doctrine ideas out many solutions that ideologically-entrenched writers have provided to this question. the genuine element of discrimination legislation, this half argues, is to take away abiding, pervasive, and huge relative crew drawback. This target is better defended on liberal rather
than egalitarian grounds.

Having thought of its total goal, half III provides a theoretical account of the tasks imposed via discrimination legislations. a standard definition of the antidiscrimination accountability contains instruments as diversified as direct and oblique discrimination, harassment, and moderate lodging. those diverse instruments are proven to percentage a standard normative predicament and a unmarried analytical constitution. Uniquely within the literature, this half additionally defends the imposition of those tasks basically to definite duty-bearers in
specified contexts. ultimately, the stipulations lower than which affirmative motion is justified are explained.

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A Theory of Discrimination Law by Tarunabh Khaitan

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