What does «discrimination» mean in the statement «Discrimination is not allowed» contained in legal materials such as international treaties, constitutions, and laws? To overcome the imprecision that often prevails in legal discourse on this topic, I will propose a redefinition in this paper. In doing so, I take a two-step approach by first offering a general definition to answer a first question: What features do all cases of prohibited dis-crimination have in common? Then I will provide a conceptual analysis of some of their main types, which will allow me to answer a second question: How do such cases differ from each other?
El concepto de discriminación. Una redefinición para el discurso jurídico
Giles, Alejo Joaquin
2023-01-01
Abstract
What does «discrimination» mean in the statement «Discrimination is not allowed» contained in legal materials such as international treaties, constitutions, and laws? To overcome the imprecision that often prevails in legal discourse on this topic, I will propose a redefinition in this paper. In doing so, I take a two-step approach by first offering a general definition to answer a first question: What features do all cases of prohibited dis-crimination have in common? Then I will provide a conceptual analysis of some of their main types, which will allow me to answer a second question: How do such cases differ from each other?
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