Discrimination as Stigma: A Theory of Anti-discrimination Law

(Hardback)

Available Formats

Publishing Details

Classifications

Physical Properties

Description

This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an anti-stigma principle, promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.

Reviews

...the author deserves praise for daring to tackle this subject in depth something that has not been common amongst legal scholars until now ... In doing so, she has aided not only in highlighting the importance of the concept of stigma to questions regarding legal issues but also in encouraging others to follow suit. -- Paul Quinn, Vrije Universiteit Brussel, Belgium * International Journal of Discrimination and the Law *
Solankes monograph offers a genuinely innovative theory of antidiscrimination law, embracing an interdisciplinary approach that remains all too rare in legal scholarship ... Focusing on the link between law and society can only be a good thing, particularly in such trying times. Solankes monograph is highly recommended. It is a much-needed contribution to anti-discrimination scholarship. -- William Linton, Queen Mary, University of London * Industrial Law Journal *
It is rare that practitioners stand back and consider the theories, basic principles, the ideology and even the sociology underlying the legal concepts that are the day-to-day bread and butter of substantive law. When they do, as in the UNISON ET fees challenge, resulting in the Supreme Court's focus on the meaning of the concept of the rule of law and the role of access to the courts in maintaining the rule of law, the result may go far beyond expectations. Engaging with Solanke's work suggests a similar potential. -- Sally Robertson * Discrimination Law Association Briefings *
Solankes project ... is doubtless a worthy one. And Solankes emphasis on stigma as a key ingredient in a successful theory of discrimination law is a constructive contribution, pointing the way for future work in this rich field of inquiry. -- Benjamin Eidelson * Ethics *
Investigating the causal link between stigmatisation and discrimination is ... the agenda set by Solanke in her perspective-shifting and timely book Discrimination as Stigma: A Theory of Anti-Discrimination Law. By shifting the focus to stigmatisation, the book sheds a new light on discrimination theory... Solanke's book is both inspiring and thought-provoking. It can be highly recommended. -- Raphale Xenidis * European Journal of Legal Studies *

Author Bio

Iyiola Solanke is Professor in EU Law and Social Justice at the School of Law, University of Leeds and an Associate Academic Fellow of the Inner Temple.