Beyond Comparison: Sex and Discrimination

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Cambridge University Press, Jun 2, 2003 - Philosophy - 212 pages
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In Beyond Comparison: Sex and Discrimination Timothy Macklem addresses foundational issues in the long-running debate in legal, political and social theory about the nature of gender discrimination. He takes the highly original and controversial view that the heart of discrimination lies not in the unfavorable comparisons with the treatment and opportunities that men enjoy but rather in a denial of resources and opportunities that women need to lead successful and meaningful lives as women. Therefore, to understand what women need we must first understand what it is to be a woman. By displaying an impressive command of the feminist literature as well as intellectual rigor, this work promises to be a milestone in the debate about gender equality and will interest students and professionals in the areas of legal theory and gender studies.
 

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Contents

The Issues
1
2 Discrimination and Difference
4
3 Discrimination Without Comparison
10
4 Comparison and Noncomparison
16
5 Equality Difference and the Ending of Roles
19
6 What It Means to Lead a Successful Life
23
7 What It Means to Be a Woman
33
8 Radical Inquiries
39
2 The Character of Disadvantage
109
3 The Role of Sexual Identity in a Successful Life
113
The Value of Diversity
120
1 The Nature of Diversity
121
2 The Relevance of Diversity
128
3 The Value of Diversity
132
The Character of Disadvantage
135
2 Understanding Disadvantage
140

Equality
42
1 Introduction
43
2 Difference and Dominance
44
3 Implications
58
4 Conclusion
71
Difference
78
1 Introduction
79
2 The Deconstruction of Gender
82
3 The Renewal of Gender
91
Reasons for Feminism
107
3 Sexual Disadvantage
153
4 Disadvantage Limitation and Inferiority
155
The Role of Sexual Identity in a Successful Life
157
2 The Significance of Misconceptions
167
3 Ascertaining Misconceptions
184
Equality Difference and the Law
192
2 Where Difference Matters
197
3 Discrimination and the Law
202
Index
209
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