LAW486
Jurisprudence: Equality and Section 15
(Nye)
Prerequisite courses:
Prerequisite for:
Instructor(s): Professor Hillary Nye
Course credit: 3
Method of presentation: Seminar
METHOD OF EVALUATION
Evaluation will be by a final paper worth 70% and class/online participation worth 30%.
COURSE DESCRIPTION
One of law’s fundamental promises is to treat us as equals. In this course we will examine what equality means and what it demands of our institutions. We explore this question primarily through philosophical literature on egalitarian theory and distributive justice, as well as theories of discrimination law. Our goal is to gain a critical understanding of what it is that we think should be equalised: do we want equal respect, equal goods, equal opportunities, equal wellbeing, or equality along some other dimension? What, precisely, should the government do if it is to treat us as equals? While primarily focused on philosophical conceptions of equality, we will also examine some Canadian case law on Section 15 of the Charter, which enshrines a right to equality, and bring to bear philosophical perspectives on the court’s jurisprudence.
SPECIAL COMMENTS
Description updated 2020-21. Please contact the instructor for any specific questions you may have related to this particular course section.
REQUIRED TEXTS (IF ANY):
No textbook required. Readings will be posted to TWEN