On the necessity of empirical research for the realization of the law's promise of equality

A lecture event as part of the winter semester program 2022/23 of the Research Network for Social Law and Social Policy (FoSS) with Dr. Caroline Voithofer (Assistant Professor of Legal Theory, University of Innsbruck)

Equality and law are inextricably linked. Why would we need law if it did not also ensure that equal things are treated equally and unequal things are treated unequally? The promise to protect equality in this sense can be traced back to antiquity. However, the question of what is equal and what is unequal remains controversial. This can be seen, for example, in discussions about the concept of equality itself, which are differentiated around sub-forms of equality - from material to formal to evolutionary equality. This can be seen in numerous fictions of equality in law; in contract law, for example, the fundamental equality of private law actors is faked, often at the cost of reinforcing existing inequalities in fact (e.g. asymmetry of knowledge when concluding contracts or different economic circumstances). However, this is also evident in the discussion surrounding intersectional or multiple discrimination in anti-discrimination law. Article 6 of the Convention on the Rights of Persons with Disabilities is the first human rights document to recognize multiple discrimination. This means that the unequal probability of experiencing discrimination - i.e. disadvantageous unequal treatment - over the course of a lifetime is taken seriously. But how do we know about the relevance of equality and inequality dimensions? How do we know what is important when creating and applying the law in order not to discriminate? How do we know whether the promises of equality made by the law actually bring about emancipatory changes?
These questions cannot be answered using legal dogmatic methods. Rather, an empirical, theory-based analysis of the realities of life is needed to complement them. The lecture will first use examples to show how the law deals with questions of equality. Subsequently, the potentials of empirical legal research for the fulfillment of the law's promise of equality will be discussed. All interested parties are cordially invited to participate interactively.

Registration:
The event will take place hybrid. You will receive the link for online access after registering at nathalie.rothe[at]gw.hs-fulda[dot]de.

Further information:
Research Network Social Law and Social Policy(FoSS)
FoSS program winter semester 2022/23