Download PDF by Tarunabh Khaitan: A Theory of Discrimination Law

By Tarunabh Khaitan

Marrying felony doctrine from 5 pioneering and conversant jurisdictions with modern political philosophy, this ebook offers a basic conception of discrimination legislation. half I offers a theoretically rigorous account of the identification and scope of discrimination legislation: what makes a criminal norm a norm of discrimination legislations? what's the structure of discrimination legislation? not like the process well-liked by such a lot textbooks, the dialogue eschews list-based
discussions of secure grounds, as a substitute establishing the doctrine in a transparent thematic structure.

This definitional preamble units the time table for the subsequent elements. half II attracts upon the identification and constitution of discrimination legislations to contemplate what the purpose of this quarter of legislation is. realization to felony doctrine ideas out many solutions that ideologically-entrenched writers have provided to this query. the true element 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 provides a theoretical account of the tasks imposed through discrimination legislations. a typical definition of the antidiscrimination accountability contains instruments as assorted as direct and oblique discrimination, harassment, and moderate lodging. those various instruments are proven to percentage a typical normative drawback and a unmarried analytical constitution. Uniquely within the literature, this half additionally defends the imposition of those tasks basically to sure duty-bearers in
specified contexts. ultimately, the stipulations below which affirmative motion is justified are explained.

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A Theory of Discrimination Law by Tarunabh Khaitan

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