David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Australian Journal of Legal Philosophy 29:118-139 (2004)
The principle of government neutrality, as commonly understood, enshrines the idea that government bodies ought to treat all citizens equally. I argue that the traditional interpretation of this principle in liberal constitutionalism has involved a prohibition against legal actors distinguishing between subjects on the basis of their personal characteristics. This approach is unsatisfactory, as it constrains the law's ability to respond to evolved social practices of discrimination. To illustrate this point, I draw on the writings of Jean-François Lyotard and recent judicial decisions on the First Amendment to the United States Constitution
|Keywords||Discrimination Neutrality Equal treatment 390302 Jurisprudence and Legal Theory 1801 Law|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Noriaki Iwasa (2010). The Impossibility of Political Neutrality. Croatian Journal of Philosophy 10 (29):147-155.
Morten Ebbe Juul Nielsen (2011). A Conflict Between Representation and Neutrality. Philosophical Papers 39 (1):69-96.
Richard Sylla (1991). The Progressive Era and the Political Economy of Big Government∗. Critical Review 5 (4):531-557.
Colin M. Macleod (1997). Liberal Neutrality or Liberal Tolerance? Law and Philosophy 16 (5):529 - 559.
Matt Sensat Waldren (2013). Why Liberal Neutralists Should Accept Educational Neutrality. Ethical Theory and Moral Practice 16 (1):71-83.
Douglas W. Kmiec (ed.) (2009). The American Constitutional Order: History, Cases, and Philosophy. Lexisnexis Matthew Bender.
Added to index2009-01-28
Total downloads9 ( #184,144 of 1,692,585 )
Recent downloads (6 months)1 ( #181,202 of 1,692,585 )
How can I increase my downloads?