Comparative Discrimination Law: Historical and Theoretical Frameworks

in Brill Research Perspectives in Comparative Discrimination Law
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Abstract

Human history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. The national frameworks examined are the United States, the United Kingdom and Sweden, focusing on the historical developments in each of the countries with respect to discrimination legislation. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. These include access to justice, comparative law method, feminist legal theory, critical race theory, post-colonial theory, queer theory and intersectionality.

Comparative Discrimination Law: Historical and Theoretical Frameworks

in Brill Research Perspectives in Comparative Discrimination Law

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References

Jean AllainThe Law and Slavery Prohibiting Human Exploitation (Brill 2015).

Sandra FredmanDiscrimination Law (2nd ed. Oxford 2011).

Sandra Fredman and Meghan CampbellSocial and Economic Rights and Constitutional Law (Edward Elgar 2016).

Deborah Hellman and Sophia MoreauThe Philosophical Foundations of Discrimination Law (Oxford 2013).

Micheline R. IshayThe History of Human Rights From Ancient Times to the Globalization Era (2nd ed. University of California Press 2008).

Tarunabh KhaitanA Theory of Discrimination Law (Oxford 2015).

Samuel MoynHuman Rights and the Uses of History: Expanded (2nd ed. 2017).

David B. OppenheimerSheila R. FosterSora Y. HanComparative Equality and Anti-Discrimination Law (Foundation Press 2012).

Malcom SargeantDiscrimination and the Law (Routledge 2013).

Iyiola SolankeDiscrimination as Stigma—A Theory of Anti-Discrimination Law (Hart 2017).

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