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Discrimination as Stigma: A Theory of Anti-Discrimination Law

Discrimination as Stigma: A Theory of Anti-Discrimination Law

Name: Discrimination as Stigma: A Theory of Anti-Discrimination Law
Brand: Hart Publishing
SKU: 9781509929825
Price: 529.49 HKD
Availability: InStock
Author: Iyiola Solankem
ISBN: 9781509929825

By Iyiola Solankem

Hart Publishing June 2019

Specifications

ISBN-13: 9781509929825
Publisher: Hart Publishing
Publication: June 2019
Format: Paperback
Jurisdiction: International ? Countri(es) for reference only

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Hardback

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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

II. Equality and Inequality in Political Philosophy

III. The Anti-discrimination Principle in International Law

IV. Closed Lists

V. Open Lists

VI. Dignity, Immutability and the Anti-discrimination Principle

VII. The Limits of Dignity

VIII. The Idea of Immutability

IX. Conclusion

3. Stigma and Litigation

I. Goffman in Legal Scholarship

II. Litigation in Europe

III. Conclusion

4. The Anti-stigma Principle

I. Linking Interpersonal and Structural Stigma

II. Models of Stigma and Public Health

III. The Discrimination Virus

IV. Conclusion

5. Public Action to Combat Discrimination

I. Tackling a Public Health Virus: The Ebola Outbreak of 2014

II. The Transmission of Stigma

III. Positive Action and the Public Sector Equality Duty (PSED)

IV. Public Action to Tackle the Virus of Discrimination

V. Conclusion

6. Stigma, Synergy and Intersectionality

I. Understanding Intersectional Discrimination

II. Categorisation in Anti-discrimination Law

III. Addressing Intersectional Discrimination

IV. Applying Intersectional Discrimination

V. Conclusion

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