Oxford Legal Philosophy Status in Law and Morality (Hardcover)

The idea of status has long puzzled philosophers. Some people have higher social status than others and some have distinct legal statuses such as being an employee a tenant or a refugee. But why should that be the case? Why should some enjoy more esteem than others? And why should law pick out a class of persons give it a label and treat it differently? Status in Law and Morality provides a philosophical account of status arguing that it is a moral and not just a legal or social idea. The point of status is to protect the weaker party in social relations - the employee or the tenant - through social recognition of their role as well as through legal regulation. Tracing the origins of the idea of status in law and in moral philosophy this book challenges the commonly held view that status is an inherently inegalitarian idea that should have no place in modern law. It instead distinguishes between rank and role based statuses and argues that law ought to boost the self-esteem of those who hold vulnerable social roles. Thought-provoking and pioneering this book aims to revive the progressive character of status to work towards regulating unequal social relations and protecting vulnerable groups.