On the Central Case Methodology in Discrimination Law. (15th February 2021)

• Record Type: Journal Article
• Authors: Atrey, Shreya
• Is Part Of: Oxford journal of legal studies. Volume 41:Number 3(2021)
• Page Start: 776
• Page End: 802
• Publication Date: 2021-02-15
• Subjects: central case -- discrimination law -- intersectionality -- intersectional discrimination -- grounds; Law -- Periodicals; Law reviews -- Periodicals; 340.05
• DOI: 10.1093/ojls/gqab003
• Languages: English
• ISSNs: 0143-6503

Abstract

Abstract: The central case methodology captures the features that something must have in order for it to be that thing. As applied to the field of discrimination law, the methodology helps identify both the central cases of discrimination as well as the key features of discrimination law which address such discrimination. Theorists typically conceive central cases of discrimination law from norms prohibiting discrimination on particular grounds, such as race or sex. This gives the impression that discrimination based on more than one ground is not a central case of discrimination or not prohibited by discrimination law. This article challenges that impression. It argues that, although discrimination based on a combination of grounds ('intersectional discrimination') is considered no more than a peripheral case in discrimination law, it should actually be considered 'more than' a central case itself. This is because it is epistemically able to capture discrimination in a wider sense. With this, the article seeks to orientate the theoretical discourse in discrimination law to the correct application of the central case methodology which necessitates the consideration of intersectional discrimination.