LAW214 Lecture Notes - Lecture 12: Comparator, Negative And Positive Rights, Consequentialism
15 Mar 2020
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Document Summary
Outsider jurisprudence sceptical about the idea that the law speaks for everyone. Takes up the viewpoint of disadvantaged and marginalised groups. Focus on avoiding the different treatment of men and women, particularly in the public sphere e. g. employment, education, and access to goods and services. Men and women should be treated identically in order to arrive at gender equality. Formal equality is sufficient to achieve gender equality. Criticisms: formal equality has difficulties in explaining what is wrong with detrimental treatment on the ground of characteristics which are unique to women, such as pregnancy. Equal treatment is too limited a goal. It won"t redress sexual inequality because most of the disparities between men and women are not due to overt discrimination in the public sphere. They are due to social expectations, structures and practices. Gender-neutral treatment only serves the interests of women who conform to the male norm. Focus on outcomes, not facially neutral treatment.
