Introduction to special section on Legislation and Diversity

Abstract

Legislation pursues objectives. Most laws are aimed at eliminating social problems or improving living conditions. The task of legislative theory is to process the functions of law-making and to provide practical means to make laws effective and proportionate. Diversity is one of the most controversial and demanding objectives of the recent past. The content goes beyond mere equality issues, but is of course committed to them. It encompasses the conscious handling of diversity in society, not only as a matter of fairness but also in recognising the diverse achievements and experiences of people and understanding them as potential. The central question posed by this special issue is – what is the role of regulation in promoting, protecting or advancing diversity? We proceed on the assumption that diversity is a good thing and then consider the function of regulation in effecting societal change to achieve this aim. Is this an area which is appropriate for regulation, or is it an area where society or the market will inevitably reach the end result in the absence of state intervention, making regulation superfluous or fruitless? If we do have state intervention in the form of regulation, what type or types of regulation are appropriate or most likely to achieve that end goal? Diversity literally comes in many shapes and sizes. In this special issue we analyse just some types of diversity: gender diversity (in the context of male and female), religious and political diversity and racial diversity. But even this attempt to consider diversity is not itself diverse, as we don’t consider diversity in terms of trans-identities, or diversity of those with a disability, or diversity in terms of sexual orientation. Even the very language of legislation itself can be a tool to promote or restrict diversity. The world-wide attention now being given to racial justice, triggered by the Black Lives Matter movement, highlights the importance of anti-discrimination laws and legal protections for diversity.