In Beyond Comparison: Sex and Discrimination Timothy Macklem addresses foundational issues in the long-running debate in legal, political and social theory about the nature of gender discrimination. He takes the highly original and controversial view that the heart of discrimination lies not in the unfavorable comparisons with the treatment and opportunities that men enjoy but rather in a denial of resources and opportunities that women need to lead successful and meaningful lives as women. Therefore, to understand what women need we must first understand what it is to be a woman. By displaying an impressive command of the feminist literature as well as intellectual rigor, this work promises to be a milestone in the debate about gender equality and will interest students and professionals in the areas of legal theory and gender studies.
‘Macklem’s Beyond Comparison is an utterly novel approach to the understanding of discrimination based on sex. Beginning with a powerful example of whether a woman’s naked chest means the same thing as a man’s, Macklem explores the nature of sexual difference and its fundamental connections to an objective theory of value. Knowledge of what differences between men and women genuinely matter to sexual identity, Macklem contends, can help us to see when differential treatment is illegitimate disadvantage, and when it is not. Macklem's work should prove equally challenging to those who believe there are essential differences between men and women, and those who believe difference is a matter of social construction.’
Leslie Francis - University of Utah
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