Beyond Inclusion

Alexander Somek

in Engineering Equality

Published in print April 2011 | ISBN: 9780199693375
Published online September 2011 | e-ISBN: 9780191729737 | DOI:
Beyond Inclusion

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Accommodation requirements do not represent one more element in the deontological tool-box of anti-discrimination law. Rather, they represent the law’s very own means of drawing out its innermost aspiration. With the recognition of accommodation, the emphasis of protection from discrimination shifts from conduct and distribution towards de-commodification. Creating the conditions of a relatively more de-commodified life presupposes the full range of social policy strategies whose capabilities have been impaired in the European Union while anti-discrimination law was rising to unprecedented prominence. While the neoliberal predicament exposes the significance of anti-discrimination law, accommodation represents its limit. Anti-discrimination law may be very useful in targeting animus and narrow stereotypes. But it cannot supply the core of an appealing social model.

Keywords: De-commodification; accommodation; discrimination; deontological orientation of anti-discrimination law; social question; Third Way; solidarity

Chapter.  9732 words. 

Subjects: Jurisprudence and Philosophy of Law

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