Book review: A theory of discrimination law
| Published date | 01 December 2016 |
| DOI | 10.1177/1358229116674648 |
| Date | 01 December 2016 |
| Subject Matter | Book review |
Book review
Book review
A theory of discrimination law, by Tarunabh Khaitan, Oxford University Press, Oxford, 2015, ISBN
978-0-19-965696-7
Reviewed by: Nuno Ferreira, Professor of Law, University of Sussex
DOI: 10.1177/1358229116674648
A theory of discrimination law, by Tarunabh Khaitan, is both a significant, well-crafted
contribution to the field of discrimination law and a challenge to the reader. In a field so
under theorised in comparison to other close fields, such as human rights law and even
employment law, this book is a welcome contribution to the increasing effort to under-
stand and conceptualise the workings and development of discrimination law. This is
not, however, a particularly accessible piece of work.
Khaitan set himself a very ambitious task: to offer a general theory of discrimination
law, one that could account for what discrimination law looks like currently in a few
jurisdictions with historical and legal links, namely a selection of prevalently English
speaking, common law jurisdictions: Canada, India, South Africa, the United Kingdom
and the United States. To achieve this aim, Khaitan first offers an overview of the key
features of discrimination law in these jurisdictions, discussing in particular the relevant
protectorate (personal scope), duty-bearers and duties (sections 2 and 3). In Khaitan’s
words, ‘[t]he hope is that, despite inter-jurisdictional differences, a common, if relatively
thin, structure can be discerned.’ (p. 48) Afterwards, Khaitan dissects the ‘point and
purpose’ of discrimination law, asserting that it is to facilitate ‘a good life’, which entails
negative freedom, an adequate range of valuable opportunities, and self-respect (sections
4 and 5). Finally, Khaitan delves into some of the many issues raised by the duty not to
discriminate, the determinati on of the range of duty bearers, and the delin eation of
affirmative action (sections 6 and 7).
In terms of style, this cannot be said to be a particularly accessible work. Perhaps
partly due to the topic’s and relevant literature’s complex nature, the text often becomes
opaque and difficult to follow, despite some care to guide the reader the best one can.
1
Moreover, in the light of the ambitious and broad scope of the work’s aim, many
explanations become cursory, rather than thoroughly justified and referenced. That is,
I guess, the price to pay for attempting a general theory of such a legal field, and for
ensuring the readability of the text and understanding of the key arguments. For these
International Journalof
Discrimination and theLaw
2016, Vol. 16(4) 247–250
ªThe Author(s) 2016
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