| Loại tài liệu | Tư liệu ngôn ngữ (Sách) | | Mã ngôn ngữ | eng | | | JC575 .K837 | | Tên tác giả | Koppelman, Andrew | | Thông tin nhan đề | Antidiscrimination law and Social Equality / Andrew Koppelman | | Xuẩt bản,phát hành | New Haven : Yale Universitiy press, 1996 | | Mô tả vật lý | 276p . ; 24cm
| | Tóm tắt/chú giải | This book indicates the following proposition. Firstly, Part of what defines a free society is that it is none of the government's business what citizens believe and that the shaping of citizens' beliefs is not a legitimate task of a liberal state. Secondly, racism, sexism, and similar ideologies are so evil and destructive of the proper workings of a free society that the state should do whatever it can to eradicate them. The chapter 1 said that the evil which antidiscrimination law seeks to remedy. If the evil is local or of modest scale, then measures to remedy it may be correspondingly confined. If the evil is broad and pervasive, then the effort to end it must be a correspondingly broad and ambitious project. In these first two chapters, the author argue for the method which will be dialectical. The writer describes the major theories of antidiscrimination law that have been set forth and subject them to critical examination. The aim is a synthesis that preverses and builds upon the best in all of them. Each theory insightfully describes one moment of a larger process by which the inferior status of certain group is socially produced and reproduced. It is this process of cultural construction that antidiscrimination law seeks to change. Chapter 2 Result-Based Theories introduces cultural meaning is the focus of a second group of antidiscrimination theorists. These writers identify the central concenrn of antidiscrimination law as the stigmatization of certain groups. Like the process theory, this view has roots in case law. For example, Strauder v. West Virginia, Plessy v. Ferguson, Brown v. Board of Education…Chapter 3 Women implicates with which groups should be antidiscrimination project be concerned? The Court has not made it clear how it decides which classifications are "suspect" and therefore subject to heightened judicial scrutiny under the Fourteenth Amendment. (Nor has clarification come from Congress or state legislatures, bodies that need not enunciate any principled basis for deciding which categories of discrimination to prohibit). This chapter focuses on Paul Brest 's opinion. Paul Brest has suggested that the criteria for extending the antidiscrimination principle to nonracial classifying traits have simply been whether they "tend to be especially harmful" "and have little social utility".. Besides, this chapter concentrates on Ely's opinion, the equal rights. Chapter 4 focuses on discrimination based on sex was within the ambit of antidiscrimination project. The major moves from the argument for the elimination of racism had only to be repeated. Sex, like race, is an ascribed characteristic, therefore unrelated to desert, so that once it was shown that American culture pervasively devalues women, the conclusion readily followed that this devaluation was unjustified. Because this unjustified devaluation biased government decision making and the distribution of goods- in each case to women's disadvantage- the extension of the project to women could be justified on grounds similar to those that are relevant in the core case of blacks. The case of lesbians and gay men is more complicated
| | Từ khóa | 1. Discrimination. |
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