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Discrimination as Stigma: A Theory of Anti-Discrimination Law

Discrimination as Stigma: A Theory of Anti-Discrimination Law

Author: Iyiola Solankem
Publisher: Hart Publishing
ISBN: 9781509929825

Published In: June 2019
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849467384

List Price: HKD 545.87

HKD 529.49 Save HKD 16.38 (3%)

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Description
Contents

Details

This monograph contributes to understanding of anti-discrimination law and theory. It explores questions surrounding the logic of equality law and reviews current theoretical approaches to this area of law. Using sociological theory, the author presents an anti-stigma principle and promotes it as a method to determine the scope of legal protection from discrimination.

The anti-stigma principle departs from structural stigma – structural stigma recognises the role of both individual and institutional action in the process of stigmatisation. In so doing, it offers a practical method to reconstruct anti-discrimination law so that it incorporates both individual and social responsibility. In developing and applying the anti-stigma principle, the book draws upon case law from jurisdictions including the UK, USA and Canada, as well as wider international law.

Introduction

I. Construction of the Anti-stigma Principle

II. Application of the Anti-stigma Principle

1. Stigma

I. Defining Stigma

II. Erwin Goffman and Stigma

III. The Process of Stigmatisation

IV. Developments in the Theory of Stigma

V. Power

VI. Conclusion

2. Legal Protection from Discrimination

I. Introduction