Philosophical Foundations of Discrimination Law
- ISBN-10
- 0199664315
- ISBN-13
- 9780199664313
- Category
- Law
- Pages
- 283
- Language
- English
- Published
- 2013-10
- Publisher
- Oxford University Press
- Authors
- Deborah Hellman, Sophia Moreau
Description
Until recently, most legal scholarship on the philisophical foundations of discrimination law has focused on the logic and rationale underlying laws prohibiting various forms of discrimination including race, sex and disability discrimination. Philosophical inquiry relative to discrimination, by contrast, has approached these issues by asking what justice or fairness requires in the distribution of society's opportunities andresources.Contributors to this volume explore the following questions. Is discrimination a wrong akin to a tort, or should we instead see laws forbidding discrimination as grounded in a view about what socialarrangements will produce the best outcomes for society as a whole? If it is a wrong, is it best thought of as an interference with liberty or as a violation of equality. Are these fruitful questions to ask, or is it impossible to offer a coherent theory of discrimination law? Finally, how do these inquiries help us to understand the moral issues raised by several timely issues in discrimination law
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