LAW 7779

Theoretical Issues in Discrimination Law

Course Description

Course information provided by the Courses of Study 2015-2016.

In this seminar, which lasts only until the midterm break (7 weeks), we will study a range of theoretical puzzles about the law regulating discrimination in employment, service-provision, education, and many other contexts. Our discussions will range across discrimination on grounds of sex, race, religion, sexuality, political viewpoint, and many other grounds. Examples will be taken from US constitutional law and from federal legislation, but also from the law of other jurisdictions. The seminar is about theoretical puzzles that cross the boundaries between different places and times and contexts, rather than about policy design or advocacy. Our puzzles will include: What exactly is wrong with discrimination, when it is wrong? Does the wrongness depend on the consequences? What makes a certain ground of discrimination an improper ground? Is it wrong to discriminate on such grounds in friendships, romantic relationships, etc. as well as in employment, schooling, etc.? Is indirect discrimination ('disparate impact') really a kind of discrimination? Is there any essential connection between discrimination and equality? Why is discrimination a suitable matter for legal regulation, rather than something to be left to private ethics or the market? As these sample questions suggest, we will not shy away from testing our most basic and cherished assumptions. Although there are no prerequisites, some knowledge of the Civil Rights Act 1964 (or similar legislation) would be an advantage. The seminar attracts 2 credits and meets the writing requirement.

When Offered Fall.

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