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Discrimination as Stigma

A Theory of Anti-discrimination Law

By: Iyiola Solanke
Media of Discrimination as Stigma
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Published: 29-12-2016
Format: EPUB eBook (?)
Edition: 1st
Extent: 183
ISBN: 9781782256380
Imprint: Hart Publishing
RRP: £31.50
Online price : £25.20
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About Discrimination as Stigma

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.

Table Of Contents

I. Construction of the Anti-stigma Principle
II. Application of the Anti-stigma Principle
1. Stigma
I. Defining Stigma
II. Erwin Goffman and Stigma
III. The Process of Stigmatisation
IV. Developments in the Theory of Stigma
V. Power
VI. Conclusion
2. Legal Protection from Discrimination
I. Introduction
II. Equality and Inequality in Political Philosophy
III. The Anti-discrimination Principle in International Law
IV. Closed Lists
V. Open Lists
VI. Dignity, Immutability and the Anti-discrimination Principle
VII. The Limits of Dignity
VIII. The Idea of Immutability
IX. Conclusion
3. Stigma and Litigation
I. Goffman in Legal Scholarship
II. Litigation in Europe
III. Conclusion
4. The Anti-stigma Principle
I. Linking Interpersonal and Structural Stigma
II. Models of Stigma and Public Health
III. The Discrimination Virus
IV. Conclusion
5. Public Action to Combat Discrimination
I. Tackling a Public Health Virus: The Ebola Outbreak of 2014
II. The Transmission of Stigma
III. Positive Action and the Public Sector Equality Duty (PSED)
IV. Public Action to Tackle the Virus of Discrimination
V. Conclusion
6. Stigma, Synergy and Intersectionality
I. Understanding Intersectional Discrimination
II. Categorisation in Anti-discrimination Law
III. Addressing Intersectional Discrimination
IV. Applying Intersectional Discrimination
V. Conclusion


“...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

“Solanke's 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. Solanke's 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

“Solanke's project ... is doubtless a worthy one. And Solanke's 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.” –  Raphaële Xenidis, European Journal of Legal Studies

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