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This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaints by thinking of them as complaints about different ways in which they have not been treated as equals in their societies--in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good, that is, a good that this person must have access to if they are to be, and to be seen as, an equal in their...
Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.
Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication a...
What is the nature of law as a form of social order? What bearing do values like justice, human rights, and the rule of law have on law? Which values should law serve, and what limits must it respect in serving them? Are we always morally bound to obey the law? What are the philosophical problems that arise in specific areas of law, from criminal and tort law to contract law and public international law? The book provides an accessible, comprehensive, and high quality introduction to the major themes of legal philosophy written by a stellar international cast of contributors, including John Finnis, Martha Nussbaum, Fred Schauer, Onora O'Neill and Antony Duff. The volume is an exceptional teaching tool that provides a critical introduction to cutting-edge work in the philosophy of law.
Adopting a novel approach to cut through several enduring controversies in discrimination law theory, this book provides a sophisticated doctrinal and philosophical treatment of the key questions of discrimination law. It argues that the real point of discrimination law is to remove abiding, pervasive, and substantial relative group disadvantage.
"This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaints by thinking of them as complaints about different ways in which they have not been treated as equals in their societies -in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good, that is, a good that this person must have access to if they are to be, and to be seen as, an equal in thei...
Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding impo...
While it has many connections to other topics in normative and applied ethics, discrimination is a central subject in philosophy in its own right. It plays a significant role in relation to many real-life complaints about unjust treatment or unjust inequalities, and it raises a number of questions in political and moral philosophy, and in legal theory. Some of these questions include: what distinguishes the concept of discrimination from the concept of differential treatment? What distinguishes direct from indirect discrimination? Is discrimination always morally wrong? What makes discrimination wrong? How should we eliminate the effects of discrimination? By covering a wide range of topics,...
Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.
Are hierarchical arrangements in the workplace, including the employer-employee relationship, consistent with the ideal of relating to one another as moral equals? With this question at its core, this volume of essays by leading moral and political philosophers explores ideas about justice in the workplace, contributing to both political philosophy and business ethics. Relational egalitarians propose that the ideal of equality is primarily an ideal of social relationships and view the equality of social relationships as having priority over the distributive arrangements. Yet contemporary workplaces are characterized by hierarchical employer-employee relationships. The essays push discussions...