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Cited by 291Discrimination and Equality LawLaw, Rights, and FreedomsLegal Rights and Human Rights

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A Theory of Discrimination Law

Khaitan, Tarunabh·2015·Oxford University Press eBooks
DOI 10.1093/acprof:oso/9780199656967.001.0001
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Abstract

Most laypersons think of discrimination as an act motivated by prejudice against a minority group. The law, in most cases, prohibits as discriminatory a much broader category of actions. It also encourages or demands affirmative action. This tension calls for the justification of the legal approach to the regulation of discrimination. Providing this justification, while also explaining the law in a coherent and conceptually clear manner, is the main objective of this book. My argument is that discrimination law seeks to close substantial, pervasive, and abiding advantage gaps between groups whose membership is valuable or at least value-neutral. This objective is justified because such advantage gaps are a serious impediment to human freedom. In seeking this objective, the law ensures that its fault-sensitive mandatory duties are imposed only on duty-bearers who have a relative public character, and who exercise significant control over access to limited opportunities. Discrimination law is a modest attempt to make us free in one respect: that our access to the basic goods that make us free is not unduly constrained because of our blameless membership of relatively disadvantaged groups.

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Metadata

Authors
Khaitan, T.
Corresponding author
Khaitan, Tarunabh
ORCID
Khaitan, Tarunabh
Venue
Oxford University Press eBooks
Publisher
Oxford University Press
Published
2015-05-01
DOI
10.1093/acprof:oso/9780199656967.001.0001
OpenAlex
W2267290586
Cited by
291
References
0
Citations by year
2026: 15 · 2025: 37 · 2024: 39 · 2023: 34 · 2022: 35 · 2021: 15 · 2020: 37 · 2019: 16 · 2018: 15 · 2017: 10 · 2016: 36 · 2015: 1
FWCI
52.53
Type
book
Language
en
Open access
closed
Locations
Oxford University Press eBooks (publishedVersion)
Topics
  • Social Sciences › Law › Discrimination and Equality Law
  • Social Sciences › Law › Law, Rights, and Freedoms
  • Social Sciences › Law › Legal Rights and Human Rights
Keywords
discrimination law, affirmative action, human freedom, relative disadvantage, duty bearers, access to opportunities, minority groups

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