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UID:20250811T182942EDT-4333TEEi2U@132.216.98.100
DTSTAMP:20250811T222942Z
DESCRIPTION:Legal Theory Workshop with guest Tarun Khaitan\, Associate Prof
 essor of Law at University of Oxford. Tarun Khaitan holds a BA/LLB (Hons) 
 from the National Law School in Bangalore\, and attended Oxford for his DP
 hil as a Rhodes Scholar. Khaitan's research interests include public law\,
  discrimination law and legal theory. OUP has recently published his monog
 raph entitled 'A Theory of Discrimination Law'. He will speak on wrongs\, 
 wrongfulness\, and culpability in indirect discrimination law.\n\nAbstract
 \n\nIn this paper\, we examine the nature of the duty-imposing norms in in
 direct discrimination (ID) law. We aim to clarify two main issues. First\,
  we determine the extent to which these norms should be understood as impo
 sing particular duties – duties owed to particular individuals or as impos
 ing general duties – duties owed to no one in particular – or\, perhaps\, 
 both. Let’s call this the duty inquiry. Second\, we clarify the extent to 
 which considerations of culpability should be considered to be aspects of 
 the wrong(s) of discrimination. Let’s call this the culpability inquiry. T
 his paper is motivated by a recent trend in British and American law to do
 ubt the legitimacy of the prohibition on ID and to attempt to curtail its 
 operation. We show through these inquiries that the prohibition on ID is l
 egitimate. To do so\, we carve a nuanced conceptual location for ID\, as n
 ecessitated in part by corrective justice and in part by distributive just
 ice.\n\nThe first part of the paper provides a general explanation of the 
 concepts of particular and general duties. The second and third parts unde
 rtake the duty inquiry and culpability inquiry respectively. We find that 
 prima facie indirect discrimination usually entails the breach of two dist
 inct duties\, making it wrong and wrongful. We also claim that while indir
 ectly discriminatory acts can be wrongful though not otherwise culpable\, 
 culpability considerations are nonetheless relevant to supporting the liab
 ility regime for indirect discrimination. The fourth part offers observati
 ons on the structure of discrimination law in light of our analysis.\n\nFo
 r more information\, please contact Professor paul.miller [at] mcgill.ca (
 Paul Miller).\n
DTSTART:20161102T200000Z
DTEND:20161102T213000Z
LOCATION:Stephen Scott Seminar Room (OCDH 16)\, Chancellor Day Hall\, CA\, 
 QC\, Montreal\, H3A 1W9\, 3644 rue Peel
SUMMARY:Legal Theory Workshop: Wrongs\, wrongfulness\, and culpability in i
 ndirect discrimination law 
URL:/law/channels/event/legal-theory-workshop-wrongs-w
 rongfulness-and-culpability-indirect-discrimination-law-263263
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