Purpose and Theory
In addition to doctrinal and empirical accounts, research that focuses on the purpose of discrimination law and/or its theoretical underpinnings sheds light on the normativity and value of discrimination law.
Purpose and Function
Alice Taylor, 'The Conflicting Purposes of Australian Anti-Discrimination Law' (2019) 42(1) UNSW Law Journal 188.
Colin Campbell and Dale Smith, 'Direct discrimination without a comparator? Moving to a test of unfavourable treatment' (2015) 43(1) Federal Law Review 91.
Beth Gaze, 'Context and Interpretation in Anti-Discrimination Law' (2002) 26(2) Melbourne University Law Review 325.
Colin Campbell and Dale Smith, 'Deliberative freedoms and the asymmetric features of anti-discrimination law' (2017) 67(3) University of Toronto Law Journal 247.
Anne Hewitt, 'Can a theoretical consideration of Australia's anti-discrimination laws inform law reform?' (2013) 41(1) Federal Law Review 35.