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Related Experiment Video

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Perceptual and Category Processing of the Uncanny Valley Hypothesis' Dimension of Human Likeness: Some Methodological Issues
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On the Central Case Methodology in Discrimination Law.

Shreya Atrey

    Oxford Journal of Legal Studies
    |September 29, 2021
    PubMed
    Summary

    Intersectional discrimination, often overlooked, should be recognized as a core concept in discrimination law. This approach enhances understanding and application of anti-discrimination principles.

    Area of Science:

    • Law and Social Sciences
    • Legal Theory
    • Discrimination Law

    Background:

    • The central case methodology in law identifies essential features of legal concepts.
    • Discrimination law typically focuses on single grounds (e.g., race, sex) as central cases.
    • This narrow focus risks marginalizing discrimination based on multiple combined grounds.

    Purpose of the Study:

    • To challenge the traditional view of intersectional discrimination as a peripheral case.
    • To argue for the reclassification of intersectional discrimination as a 'more than' central case.
    • To guide theoretical discourse towards a more accurate application of the central case methodology.

    Main Methods:

    • Conceptual analysis of the central case methodology.
    • Application of the methodology to discrimination law.
    Keywords:
    central casediscrimination lawgroundsintersectional discriminationintersectionality

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  • Critique of existing theoretical frameworks in discrimination law.
  • Main Results:

    • Intersectional discrimination possesses features that extend beyond traditional central cases.
    • Recognizing intersectional discrimination as 'more than' central enhances its epistemic capacity.
    • The current application of the central case methodology in discrimination law is incomplete.

    Conclusions:

    • Intersectional discrimination is crucial for a comprehensive understanding of discrimination law.
    • The central case methodology, when correctly applied, necessitates the inclusion of intersectional discrimination.
    • Revising the theoretical framework is essential for effective anti-discrimination legal practice.