RESEARCH
LPL EDITIONS
RESEARCH ACADEMY
HAPPENING
RESEARCH
Theory and Philosophy of Law
Equality Lab

Pedro Moniz Lopes
Miguel Nogueira de Brito, Raquel Franco, Tiago Fidalgo de Freitas, Tiago Barboza, Sara Azevedo, Mariana Melo Egídio
Katarzyna Eliasz (Jagiellonian University)
Ongoing

Summary
O projeto assenta numa parceria com a Universidade Jaggielonian de Cracóvia que já conta com financiamento próprio para desenvolvimento dos trabalhos (incluindo o financiamento para a presença do investigador responsável para estadia de 15 dias em Cracóvia).
The aim is to establish an “Equality Lab” to enable both theoretical research and applied scientific analysis. The topics to be addressed include: (i) various conceptions of equality and discrimination; (ii) the application of equality by Constitutional Courts (theoretical presuppositions and intensity of review); (iii) comparative methodologies and cognitive biases; (iv) discussion of the terms and admissibility of affirmative actions.
The project is associated with the “Lisbon Legal Theory” cluster (not least because it includes some of its members), but it is not limited to the scope of the “Lisbon Legal Theory” cluster.
Objectives
To develop a theoretical understanding of a “contested” concept and its practical scientific application. The intention is for the “Equality Lab” to produce concrete outputs that go beyond traditional conferences and academic papers and to serve as a think tank with connections to real-world civil society issues, including the analysis of legislation and judicial decisions.
The purpose of the “Equality Lab” is to be inclusive and pluralistic in terms of theoretical perspectives, serving as a forum for the refinement of both the theoretical conception and practical application of equality.
Relevance
Although discrimination law originates in common law systems, its “transplantation” (and its successes or failures) into civil law systems is increasingly debated. In terms of law school curricula, some relevant courses include:
- "Constitutional Equality", Yale University: Prof. Jack Balkin
- "Advanced Topics in Anti-discrimination Law", Harvard University: Prof. Larry Schwartztol
- "Equality Law", Stockholm University
- "Anti-Discrimination Law", Università degli Studi di Milano: Prof.ª Irene Pellizzone / Prof.ª Cecilia Siccardi
- "Equality, Diversity and Non-Discrimination: Legal and critical perspectives", University of Gothenburg
The subject often lends itself to polarised debate, swinging between more radical and more conservative positions.
Unlike what occurs in various foreign universities—particularly in the United States—there are no significant records of projects of this kind, which allow for dialogue between distinct theoretical perspectives and convergence in joint work.

