Chapter

Consequences of Normative Deficiency

Alexander Somek

in Engineering Equality

Published in print April 2011 | ISBN: 9780199693375
Published online September 2011 | e-ISBN: 9780191729737 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199693375.003.0007
Consequences of Normative Deficiency

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The normative deficiency leads to three primary results. First, anti-discrimination law is congruent with the market mentality. It is even unwittingly reflective of patterns of market exclusion by lumping disengaged individuals together in ‘groups’ while in fact they merely belong to the same set. Second, anti-discrimination law aims at the creation of a society cleansed of prejudice and exclusion, but in small steps with unexciting results. The expectation is, indeed, that a large-scale social transformation might spring from the incremental accumulation of minor improvements, that is, protection from discrimination on a case by case basis, notably even through class action. Finally, anti-discrimination law is so flexible as to yield to the imperatives of economic rationality. This is fairly obvious with regard to the business necessity defences associated with indirect discrimination.

Keywords: Normative deficiency; morality; protected groups; terror qua functional equivalent to law; normative intent; pre-normative intent

Chapter.  10138 words. 

Subjects: Jurisprudence and Philosophy of Law

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