Justified Discrimination in a Liberal Society
Justified Discrimination in a Liberal Society
Author(s): Carlos Manuel Rosales, Oscar Ruiz VargasSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Philosophy of Law
Published by: Univerzita Komenského v Bratislave
Keywords: Democracy; Fundamental Rights; Inequality; Discrimination; Autonomy; Justice; Legal Theory
Summary/Abstract: The act of discrimination is a decision that affects the rights of third parties. Undoubtedly, its exercise and materialisation are disastrous. However, would it be possible to discriminate against a person without facing legal consequences? This work opens a space to explain that there are situations in which discrimination is carried out and validated, in which it is justified its usefulness to preserve a titled property considered as a fundamental right or safeguarding public order as a fundamental structure of the teleology of the state.
Journal: Bratislava Law Review
- Issue Year: 6/2022
- Issue No: 2
- Page Range: 37-58
- Page Count: 22
- Language: English