Reinterpreting government neutrality

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)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 23,280
External links
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.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

14 ( #312,999 of 1,932,455 )

Recent downloads (6 months)

3 ( #271,859 of 1,932,455 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.