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9 Theory & Prac. Legis. 1 (2021)

handle is hein.journals/thorceleg9 and id is 1 raw text is: THE THEORY AND PRACTICE OF LEGISLATION                         Routledne
2021, VOL. 9, NO. 1, 1-2
https://doi.org/10.1080/20508840.2021.1909368                  Taylor&Francis Group
INTRODUCTION
Introduction to special section on Legislation and
Diversity
Legislation pursues objectives. Most laws are aimed at eliminating social pro-
blems 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 poten-
tial. 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 func-
tion 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 interven-
tion, making regulation superfluous or fruitless? If we do have state interven-
tion 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 legis-
lation 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.
'E Grabham, 'Exploring the Textual Alchemy of Legal Gender: Experimental Statutes and the Message in
the Medium' (2020) 10 feminists@law, H Xanthaki, 'Gender Inclusive Legislative Drafting in English: A
Drafter's Response to Emily Grabham' (2020) 10 feminists@law. Both available at <https://
futureoflegalgender.kcl.ac.uk/events-public-and-policy-engagements/>.
© 2021 Informa UK Limited, trading as Taylor & Francis Group

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