This Article argues that a universal approach to age discrimination
promotes justice (including intergenerational justice) and efficiency.
As explained herein, legal regimes regulate age discrimination in
employment in various ways. While some regimes create specific anti–
age discrimination legislation, others ban most kinds of employment
discrimination, including age discrimination, in a general way.
These latter promote a universal approach to age discrimination.
The current Article explores the theoretical justifications for either
a particularistic or a universal approach to age discrimination.
Additionally, it enriches its theoretical discussion by taking and
presenting a snapshot of current litigation in Israel – a country that
has adopted a universal approach to age discrimination.
Public discourse in Israel is taking a somewhat surprising turn in its vacillation between individualism and collectivism. While mainstream public opinion in the 1980s and 1990s pointed to the failures of common- and public-property regimes, elected officials, entrepreneurs, and consumers are nowadays singing the praises of commons and communities. The re-romanticizing of commons and community is driven by a number of explicit and implicit motives, which also underscore, however, the limits of a full-fledged return to common-property regimes. This article highlights three instances of the reemergence of the commons- and community-discourse across the Israeli landscape. First, while the old-style “cooperative kibbutz” suffereda
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