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Foundations of Indirect Discrimination Law


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Table of Contents

1. Indirect Discrimination Law: Controversies and Critical Questions Hugh Collins and Tarunabh Khaitan 2. Direct and Indirect Discrimination: Is There Still a Divide? Sandra Fredman 3. Approaching the Indirect-Direct Discrimination Distinction: Concepts, Justifications and Policies Nicholas Bamforth 4. Judicial Scepticism of Discrimination at the ECtHR Barbara Havelkova 5. Indirect Discrimination and the Duty to Avoid Compounding Injustice Deborah Hellman 6. The Moral Seriousness of Indirect Discrimination Sophia Moreau 7. Squaring the Circle: Can an Egalitarian and Individualistic Conception of Freedom of Religion or Belief Co-exist with the Notion of Indirect Discrimination? Ronan McCrea 8. Indirect Discrimination, Affirmative Action and Relational Egalitarianism Kasper Lippert-Rasmussen 9. Wrongs, Group Disadvantage and the Legitimacy of Indirect Discrimination Law Tarunabh Khaitan and Sandy Steel 10. Anti-discrimination Law and the Duty to Integrate Julie C Suk 11. Justice for Foxes: Fundamental Rights and Justification of Indirect Discrimination Hugh Collins

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In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts.

About the Author

Hugh Collins is the Vinerian Professor of English Law, All Souls' College, Oxford. Tarunabh Khaitan is Associate Professor & Hackney Fellow in Law at Wadham College, Oxford and Associate Professor & Future Fellow, Melbourne Law School.


[A]n erudite collection of essays which at times is thought provoking... it is not necessarily aimed at practitioners, it is a useful tool in understanding how others analyse the concept of indirect discrimination; it explores some of the factors which may consciously or subconsciously influence the thinking of, and arguments of, opponents and judges in their approach to some of the more difficult issues thrown up by indirect discrimination claims. -- Catrin Lewis, Garden Court Chambers * Briefings, Discrimination Law Association *
[T]his book excels in offering a snapshot into contemporary discrimination law scholarship and is a must-read for anyone working in this area. Several of the essays are sure to shape the contours of debates in this field for years. -- Michael P Foran, Trinity Hall * Cambridge Law Journal *

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