David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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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|
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