Abstract

http://ssrn.com/abstract=1286987
 


 



Reinterpreting Government Neutrality


Jonathan Crowe


The University of Queensland - T.C. Beirne School of Law

October 20, 2008

Australian Journal of Legal Philosophy, Vol. 29, pp. 118-139, 2004
University of Queensland TC Beirne School of Law Research Paper No. 08-12

Abstract:     
The principle of government neutrality, as commonly understood, enshrines the idea that government bodies ought to treat all citizens equally. I argue that the traditional interpretation of this principle in liberal constitutionalism has involved a prohibition against legal actors distinguishing between subjects on the basis of their personal characteristics. This approach is unsatisfactory, as it constrains the law's ability to respond to evolved social practices of discrimination. To illustrate this point, I draw on the writings of Jean-Francois Lyotard and recent judicial decisions on the First Amendment to the United States Constitution.

Number of Pages in PDF File: 23

Keywords: Discrimination, neutrality, equal treatment, Lyotard

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Date posted: October 20, 2008  

Suggested Citation

Crowe, Jonathan, Reinterpreting Government Neutrality (October 20, 2008). Australian Journal of Legal Philosophy, Vol. 29, pp. 118-139, 2004 ; University of Queensland TC Beirne School of Law Research Paper No. 08-12. Available at SSRN: http://ssrn.com/abstract=1286987

Contact Information

Jonathan Crowe (Contact Author)
The University of Queensland - T.C. Beirne School of Law ( email )
The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia
HOME PAGE: http://www.law.uq.edu.au/dr-jonathan-crowe
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