Basic Equality and Discrimination: Reconciling Theory and Law

The focus of this book is the idea of equality as a moral, political and jurisprudential concept. The author is motivated primarily by a concern to better understand the conundrums which arise in the justification, interpretation and application of discrimination law. Nicholas Smith aims to provide a clearer understanding of the nature of the value that the law is trying to uphold - equality. He rejects the notion that the concept of equality is vacuous and defends the idea as the proper range of ultimate moral concern. After discussing the general characteristics of the denial of equality and some types of discrimination, Smith turns to the vexed subject of discrimination law. He argues that human rights lawyers should step back from the business of trying to steer courts towards vague equality goals, informed by conceptions of equality that are either empty or even more abstract than the notion of equality itself. If they do, Smith thinks that the meaning of 'equality' will be apparent and our difficulties with the law will be shown to be primarily moral ones. This book will be a valuable resource for students and researchers working in the areas of legal philosophy and theory, public law, and human rights law.