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 Multiple discrimination at work: Gaining entry to the Swedish workforce

Schömer, Eva LU (2016) In Sociologia del Dritto
Abstract (Swedish)
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 intersectional. 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... (More)
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 intersectional. 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.
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author
publishing date
type
Contribution to journal
publication status
published
subject
keywords
1) Intersectionality, discrimination, gender, feminism, multiple discrimination, marginalization
in
Sociologia del Dritto
DOI
10.3280/SD2016-002008
language
English
LU publication?
no
id
f5ac8f9f-bd21-4ce1-80aa-a39fc3b9079d
date added to LUP
2017-06-01 07:17:25
date last changed
2017-11-14 09:51:45
@article{f5ac8f9f-bd21-4ce1-80aa-a39fc3b9079d,
  abstract     = {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 intersectional. 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.<br/>},
  articleno    = {XLIII/2016},
  author       = {Schömer, Eva},
  keyword      = {1)	Intersectionality, discrimination, gender, feminism, multiple discrimination, marginalization},
  language     = {eng},
  series       = {Sociologia del Dritto },
  title        = { Multiple discrimination at work: Gaining entry to the Swedish workforce},
  url          = {http://dx.doi.org/10.3280/SD2016-002008},
  year         = {2016},
}