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Wrongs, group disadvantage, and the legitimacy of indirect discrimination law

Abstract:

Is indirect discrimination liability more like an affirmative action programme or like the tort of negligence? Is it a redistributive measure or a corrective one? Is it best characterized as ‘public law’ or law ‘private law’? Does it seek to protect groups or individuals? In this paper, we will argue that liability for indirect discrimination occupies a middle ground between these supposedly settled legal categories, combining features of both items in each dichotomy. It is this seemingly ...

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Publication status:
In press
Peer review status:
Peer reviewed

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Department:
Wadham College
Publisher:
Bloomsbury Professional Publisher's website
Host title:
Foundations of Indirect Discrimination Law
Publication date:
2017-02-05
Pubs id:
pubs:679409
URN:
uri:5acec4e8-c678-4fbe-83e8-ba0559edbad4
UUID:
uuid:5acec4e8-c678-4fbe-83e8-ba0559edbad4
Local pid:
pubs:679409

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