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The Logic of Special Rights

Published online by Cambridge University Press:  24 March 2020

Abstract

Linda Krieger's paper in this volume relies on the concepts of “equal” and “special” rights, and I focus my attention upon the bivalent view of equality which justifies the creation of special rights. Krieger argues, I point out, that equality of effect is a fundamentally more just consideration than equality of treatment, and special rights allow disad-vantaged groups to achieve this equality of effect.

Type
Research Article
Copyright
Copyright © 1987 by Hypatia, Inc.

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References

Krieger, Linda J. and Cooney, Patricia N. 1983. The Miller‐Wohl controversy: Equal treatment, positive action and the meaning of women's equality. Golden Gate University Law Review 13(3): 513577.Google Scholar
Krieger, Linda J. 1987. Through a glass darkly: Paradigms of equality and the search for a woman's jurisprudence. Hypatia 2(1): 4561.10.1111/j.1527-2001.1987.tb00851.xCrossRefGoogle Scholar