This timely and controversial book presents powerful theoretical and empirical arguments for the repeal of the anti-discrimination laws within the workplace. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the now-rejected common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint.
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Editorial Reviews
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Epstein has convinced me...that the abuses of the anti-discrimination laws are so intimately connected with misconceptions in the laws themselves that any benefits from them will always be far outweighed by the harm they do.
--Harry V. Jaffa (Wall Street Journal )
Forbidden Grounds covers not only laws on racial discrimination but also sex discrimination, age discrimination and disability discrimination. Never has the whole range of anti-discrimination laws been subjected to such a thorough and penetrating critique. No one who writes on this subject again can be taken seriously if he [or she] does not confront the analysis presented here by Epstein.
--Thomas Sowell (Forbes )
--Harry V. Jaffa (Wall Street Journal )
Forbidden Grounds covers not only laws on racial discrimination but also sex discrimination, age discrimination and disability discrimination. Never has the whole range of anti-discrimination laws been subjected to such a thorough and penetrating critique. No one who writes on this subject again can be taken seriously if he [or she] does not confront the analysis presented here by Epstein.
--Thomas Sowell (Forbes )
About the Author
ref="http://www.law.uchicago.edu" target="new">University of Chicago Law School.
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7 of 7 people found the following review helpful
Format:Paperback
Epstein, as usual, offers a cogent and persuasive argument for libertarian principles. His theory of "rational discrimination," lucidly explained in this book, has provoked responses--and at least some changes--in the writings of more mainstream commentators on the subject such as Posner and Donohue. Like many scholars, Epstein is just a bit too sold on his own philosophy; at times he seems genuinely unable to believe anyone would disagree with him. Despite this minor flaw, the book is great, it offers a well-written presentation of an unorthodox, yet rather convincing philosophy.
6 of 6 people found the following review helpful
Format:Hardcover
Mr. Epstein makes several fantastic points in this analysis of the efficiency and usefulness of civil rights laws. Specifically, his historical account of the misinterpretation of Title VII and his differentiation between racist hiring practices versus mandatory quota systems were solid points. However, I disagreed with him due to his relative indifference to the poor income distribution which could be caused by overt, legal discrimination. The "contract at will" approach that he espouses does not adequately address these issues, and I think historically we have seen that in situations where one race, sex etc is blatantly discriminated against, they do not fare quite as equally as Epstein predicts.
While I disagree with the final premise, I am not saying that this is not an important book to read. Epstein is, as always, a fantastic writer and strong persuader. Worst comes to worst you will have a great time arguing with the pages.
3 of 10 people found the following review helpful
Format:Paperback
Epstein offers a rigorous and persuasive case. Prepare to have your closed mind pried open.
Most Recent Customer Reviews
Privatizing Discrimination
Richard Epstein has a gift for making the outrageous seem plausible. In this book, he argues that the law should permit private corporations to fire people because they're black or... Read more
Published on December 12, 2000 by Gareth Morley
Very bias, and quite blaming of others
I felt the text was quite simply written with a viewpoin that while semi-legitimate, was very one sided. Read more
Published on January 18, 1999
Inside This Book
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Key Phrases - Statistically Improbable Phrases (SIPs):
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basic antidiscrimination norm, voluntary sorting, disparate impact test, business necessity test, disparate treatment cases, antidiscrimination principle, disparate impact cases, pregnancy coverage, disparate impact theory, business necessity defense, reverse regression, unlawful employment practice, disparate impact analysis, unconscious discrimination, black economic progress, pregnancy benefits, employment discrimination laws, antidiscrimination laws, unconstitutional conditions, black wages, disparate impact theories Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, Civil Rights Act, Jim Crow, United States, New York, South Carolina, Legal Stud, Civil War, Ward's Cove, Berea College, Duke Power, Johnson Controls, Price Waterhouse, Senator Humphrey, Court of Appeals, New Deal, Fourteenth Amendment, Racial Disparity, Equal Pay Act, Governing the Workplace, Employment Act, Employment Testing, National Labor Relations Act, The Plessy Case, Yale Law New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
basic antidiscrimination norm, voluntary sorting, disparate impact test, business necessity test, disparate treatment cases, antidiscrimination principle, disparate impact cases, pregnancy coverage, disparate impact theory, business necessity defense, reverse regression, unlawful employment practice, disparate impact analysis, unconscious discrimination, black economic progress, pregnancy benefits, employment discrimination laws, antidiscrimination laws, unconstitutional conditions, black wages, disparate impact theories Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, Civil Rights Act, Jim Crow, United States, New York, South Carolina, Legal Stud, Civil War, Ward's Cove, Berea College, Duke Power, Johnson Controls, Price Waterhouse, Senator Humphrey, Court of Appeals, New Deal, Fourteenth Amendment, Racial Disparity, Equal Pay Act, Governing the Workplace, Employment Act, Employment Testing, National Labor Relations Act, The Plessy Case, Yale Law New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 64
books:
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24
books
cite this book:
See all 24 books citing this book
- The American Job Machine by Richard B. McKenzie on 4 pages
- Legal Restraints on Racial Discrimination in Employment by Michael I. Sovern on 4 pages
- The Economics of Discrimination (Economic Research Studies) by Gary S. Becker in Front Matter, page 41, and page 45
- Employment Discrimination Law by Barbara Lindemann on page 128, page 166, and page 212
- Common Law by Oliver Wendell Holmes on page 111, and page 112
See all 64 books this book cites
- Mortal Peril: Our Inalienable Right to Health Care? by Richard Epstein on 4 pages
- Perspectives on Disability, Discrimination, Accommodations, and Law (Law and Society) by Wayne Thomas Oakes on page 12, page 14, and Back Matter
- Measuring the Employment Effects of Regulation: Where Did the Jobs Go? by Neal S. Zank in Back Matter (1), Back Matter (2), and Back Matter (3)
- Principles For A Free Society: Reconciling Individual Liberty With The Common Good by Richard A. Epstein in Front Matter, and Back Matter
- Law and Economics, Third Edition: An Introductory Analysis by Werner Z. Hirsch on page 324, and page 325
See all 24 books citing this book
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