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Multiple discrimination at work: gaining entry to the Swedish workforce
Linnaeus University, School of Business and Economics, Department of Management Accounting and Logistics. (Rättsvetenskap)ORCID iD: 0000-0002-2518-6169
2016 (English)Conference paper, Oral presentation with published abstract (Other academic)
Abstract [en]

This article discusses the role played by the law in personal experiences of marginalization from Swedish society from the perspective of sociology of law through the framework of intersectionality. Like many legal issues, discrimination dwells in the world of everyday life, work life, and society. While most of the social sciences deploy a varied array of methods and methodological approaches, across a wide range of problems, the field of legal scholarship usually confines itself to just one method: the so-called legal dogmatic method. The author argues for an expanded methodology of jurisprudence when it comes to the area of anti-discrimination, since acts of discrimination ultimately violate not the rights of their immediate victim, but also the rights of all people who find themselves in similar situations. When a court finds a specific act – say, the use of a racial slur – not discriminatory in a particular context, it can easily lead to a public perception that racial slurs are not discriminatory in general. This creates a mechanism by which people who do not ‘look like everyone else’ – people of colour, people who wear headscarves, people who come from regions that get bad press – come to be excluded from society. To tear down the walls around discrimination victims, we will have to extend and refine the traditional legal dogmatic method. One way to begin might be if the rulings of the Labour Court could take into account more than just ‘black letter law’, the law in books. The Court might seek to understand how their rulings will be received and what signals they will send to society about law in action

Place, publisher, year, edition, pages
2016.
Keyword [en]
Labour law, Discrimination, Intersectionality, Multiple discrimination, Labour market
National Category
Law Gender Studies
Research subject
Law
Identifiers
URN: urn:nbn:se:lnu:diva-58303OAI: oai:DiVA.org:lnu-58303DiVA: diva2:1049655
Conference
Intersezionalitá e ricerca sociale, Milan, Italy, November 18, 2016
Available from: 2016-11-25 Created: 2016-11-25 Last updated: 2016-12-07Bibliographically approved

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CiteExportLink to record
Permanent link

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Cite
Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf