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Discrimination as Stigma: A Theory of Anti-Discrimination Law

ISBN: 9781849467384
Publisher: Hart Publishing
Publication Date: 2017-01-26
Number of pages: 256
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  • Regular price $118.48

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Description


This book reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of environmental, institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as wider international law. [Subject: Human Rights Law, International Trade Law, Labor & Discrimination Law]

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