Introduction

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book seeks neither to eliminate open texture nor to review the wealth of theories about it, but to propose a "science" of indeterminacy: a method of formal analysis aimed at pinpointing elements of determinacy underlying the open texture of a legal norm. It illustrates the broader point that controversial or open-ended elements of legal discourse are commonly constrained by determinate, formal elements. The book shows that decisive components of the non-discrimination norm maintain a fixed and determinate structure both within and across legal systems, regardless of differences or uncertainties about the norm's substantive content. It examines the proposition that discrimination disputes concern the assignment of some individual to a larger class of individuals sharing an objective status, such as race, ethnicity, religion, language or sex.