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On the Necessity of Empirical Research for the Realization of the Promises of Equality in Law.
A lecture event as part of the winter semester program 2022/23 of the Research Network for Social Law and Social Policy (FoSS) with Dr. Caroline Voithofer (Assistant Professor of Legal Theory, University of Innsbruck)
Equality and law are inextricably linked. What would we need law for if it did not also ensure that like is treated equally and unlike is treated unequally? The promise to protect equality in this sense can be traced back to antiquity. Yet the question of what is equal and what is unequal remains controversial. This can be seen, for example, in discussions about the concept of equality itself, which are conducted in a differentiated manner around sub-forms of equality - from material to formal to evolutionary equality. This can be seen in numerous fictions of equality in law; in contract law, for example, the fundamental equality of private law actors is faked, often at the cost of reinforcing existing inequalities in fact (e.g. asymmetry of knowledge when concluding a contract or different economic circumstances). It is also evident in the discussion about intersectional or multiple discrimination in anti-discrimination law. Article 6 of the Disability Rights Convention recognizes multiple discrimination for the first time as a human rights document. This simultaneously takes seriously the unequal likelihood of experiencing discrimination - that is, disadvantageous unequal treatment - over the course of a lifetime. But how do we know about the relevance of equality and inequality dimensions? How do we know what matters in the creation as well as the application of law so as not to discriminate? How do we know whether the promises of equality made by law actually bring about emancipatory change?
These questions cannot be answered by legal dogmatic methods. Rather, what is needed is a complementary, empirical, theory-driven analysis of the realities of life. In the lecture, examples will first be given to show how law deals with questions of equality. This will be followed by a discussion of the potentials of empirical legal research for redeeming the promises of equality made by law. All interested parties are invited to participate interactively.
Registration:
The event will be held hybrid. You will receive the link to join online after registering at nathalie.rothe[at]gw.hs-fulda[dot]de.
Further information:
Forschungsverbund Sozialrecht und Sozialpolitik(FoSS)
FoSS program winter semester 2022/23