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date: 21 October 2019

Abstract and Keywords

Legal scholarship on discrimination derives from a strongly liberal source, despite its avowed link with Aristotelian philosophy. Early liberalism has more recently bifurcated. While one influential set of writers has buttressed liberal principles with market-based theories, a second has softened the contours of liberalism by adding an extra dimension drawn from notions of distributive justice and social theory. Opposing the fundamentals of liberal theory are the critical theorists, which include both feminism and critical race theory. The article begins with an examination of early liberalism. It then turns to neo-liberalism, modified liberalism, feminists, and critical race theorists. It ends by considering new developments into areas where theorizing has yet to catch up.

Keywords: legal scholarship, discrimination, liberalism, feminism, critical theory

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