Table Of Content

Theories of Equality (LAW 207H1S) Spring 2006 Volume I: Theory Professor Sophia Moreau Faculty of Law University of Toronto BOP*-1.*** W UBRWTf NOV i 5 2005 FACULTY Of LA* UNIVERSITY Of TORONTO Theories of Equality (LAW 207H1S) A. Introduction T.M. Scanlon, “The Diversity of Objections to Inequality”.1 B. Philosophical Debates: What Type of Equality Matters? 1. The Ideal of Equal Concern and Respect Ronald Dworkin, from “What Rights Do We Have?” in Taking Rights Seriously.11 2. Equality v. Priority for the Disadvantaged Harry Frankfurt, from “Equality as a Moral Ideal”.12 Thomas Nagel, from “Egalitarianism”...14 3. Equality of What? Ronald Dworkin, “Equality of Welfare”...18 Ronald Dworkin, “Equality of Resources”.45 G.A. Cohen, “On the Currency of Egalitarian Justice”.73 4. Equal Respect for Dignity: Relationships of Equals Immanuel Kant, from the Groundwork for the Metaphysics of Morals....93 Elizabeth Anderson, “What is the Point of Equality?”.94 C. Section 15 and its Purposes [See Law v. Canada from Vol. II; also Gosselin, Eldridge and Hodge] 1. Which Types of Equality Are Relevant to s. 15? Donald C. Galloway, “Three Models of (In) Equality”...120 Donna Greschner, from “The Right to Belong: The Promise of Vriend”.134 Sophia R. Moreau, “The Wrongs of Unequal Treatment”.137 Denise Reaume, “Discrimination and Dignity”.173 2. Is the “Analogous Grounds” Approach Helpful? Dale Gibson, “Analogous Grounds of Discrimination Under the Canadian Charter: Too Much Ado About Next to Nothing?”.191 Nitya Iyer, “Categorical Denials: Equality Rights and the Shaping of Social Identity”.202 Carl F. Stychin, “Essential Rights and Contested Identities: Sexual Orientation and Equality Rights Jurisprudence in Canada.216 i D. Discrimination Law in the Private Sector 1. Intentional and Adverse Effects Discrimination: What is the Nature of the Wrong? [See O’Malley from Vol. II] Beatrice Vizkelety, “Proving Discrimination in Canada”.226 2. Systemic Discrimination [See Action Travail from Vol. II] R. Knopff, from “Prohibiting Systemic Discrimination: Policy Development or Discontinuity?”.235 3. The Duty to Accommodate: Purposes and Problems Shelagh Day and Gwen Brodsky, “The Duty to Accommodate: Who Will Benefit?”.238 4. Is Affirmative Action Defensible? Thomas Nagel, “Equality Treatment and Compensatory Discrimination” .259 [See Grutter v. Bollinger and Gratz v. Bollinger from Vol. II] ii