Download A Theory of Discrimination Law by Tarunabh Khaitan PDF

By Tarunabh Khaitan

Marrying criminal doctrine from 5 pioneering and conversant jurisdictions with modern political philosophy, this booklet presents a normal thought of discrimination legislation. half I offers a theoretically rigorous account of the identification and scope of discrimination legislations: what makes a felony norm a norm of discrimination legislations? what's the structure of discrimination legislations? not like the strategy well liked by so much textbooks, the dialogue eschews list-based
discussions of safe grounds, in its place setting up the doctrine in a transparent thematic structure.

This definitional preamble units the schedule for the following components. half II attracts upon the identification and constitution of discrimination legislations to contemplate what the purpose of this zone of legislation is. recognition to felony doctrine ideas out many solutions that ideologically-entrenched writers have provided to this question. the true aspect of discrimination legislation, this half argues, is to take away abiding, pervasive, and vast relative staff drawback. This goal is better defended on liberal rather
than egalitarian grounds.

Having thought of its total objective, half III supplies a theoretical account of the tasks imposed by way of discrimination legislation. a standard definition of the antidiscrimination accountability comprises instruments as various as direct and oblique discrimination, harassment, and average lodging. those varied instruments are proven to percentage a typical normative difficulty and a unmarried analytical constitution. Uniquely within the literature, this half additionally defends the imposition of those tasks basically to convinced duty-bearers in
specified contexts. ultimately, the stipulations lower than which affirmative motion is justified are explained.

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