Equal In Law Unequal In Fact
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Equal In Law Unequal In Fact
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Author : Timo Makkonen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-01-06
Equal In Law Unequal In Fact written by Timo Makkonen and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-06 with Law categories.
An intriguing paradox characterises international and European action against discrimination. On the one hand, equality and the right to non-discrimination are key human rights and protected by an impressive line of legal documents. On the other hand, empirical studies show that discrimination is still rampant today. This book maps the gap between the rights and the reality, and examines the causes, consequences and extent of discrimination in Europe today as well as the international and European legal response to it. On the basis of this analysis, the study explains why anti-discrimination law fails to deliver, and what can be done about it. The result is of interest to scholars, students, civil society, politicians and anyone interested in equality and making it a reality.
Equal In Law Unequal In Fact
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Author : Timo Makkonen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-01-05
Equal In Law Unequal In Fact written by Timo Makkonen and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-05 with Law categories.
This book explores the causes, forms and consequences of racial discrimination as well as the international and European legal responses thereto. It explains why the law fails to eliminate discrimination and suggests ways forward.
The Logic Of Equality
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Author : Eric Heinze
language : en
Publisher: Routledge
Release Date : 2018-05-08
The Logic Of Equality written by Eric Heinze and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-08 with Law categories.
This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.
Faces Of Inequality
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Author : Sophia Moreau
language : en
Publisher: Oxford University Press, USA
Release Date : 2020
Faces Of Inequality written by Sophia Moreau and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaints by thinking of them as complaints about different ways in which they have not been treated as equals in their societies--in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good, that is, a good that this person must have access to if they are to be, and to be seen as, an equal in their society. The book devotes a chapter to each of these wrongs, exploring in detail what unfair subordination consists of; what deliberative freedoms are, and when each of us has a right to them; and what it means to deny someone access to a basic good. The author explains why these wrongs are each distinctive, but are each a different way of failing to treat some people as the equals of others. Finally the author argues that both the state and we as individuals have a duty to treat others as equals, in these three specific senses.
There Is No Good Reason To Treat People As Equals Because They Are Manifestly Unequal Discuss
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Author : Lucia Schuster
language : en
Publisher: GRIN Verlag
Release Date : 2003-06-03
There Is No Good Reason To Treat People As Equals Because They Are Manifestly Unequal Discuss written by Lucia Schuster and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-06-03 with Philosophy categories.
Essay from the year 2002 in the subject Philosophy - Miscellaneous, grade: 1,7 (A-), University of Southampton (Department of Philosophy), course: Philosophical Theory, language: English, abstract: Humanity went through centuries of slavery, Nazism, neglecting of women rights and discrimination of disabled. All those issues, now regarded as unquestionably wrong in the Western Hemisphere, were often based on arguments of manifested differences between people. Even though people are still as different in characteristics, endowment and lifestyle as they ever have been, the attitude of many societies towards those topics drastically changed over the last centuries. There must be some significant reasons to regard humans now as fundamentally equal although they are dissimilar in so many ways. The question is still a fascinating one: Is it therefore justified to treat all people equally and is that a goal worth achieving? It is legitimate to consider people equal in certain areas whilst unequal in others. I will argue that there are good reasons to treat people equally as they are equal in some respects and treat them unequally because they are unequal in others but also to treat people equally although they are unequal. However for this purpose my essay will be organized in three sections. In the first passage I will defend equality of rights, equality before the law and equality in politics, backed up by the principle of Equality of Respect or Universal Humanity. Starting of with equality of resources in the second part, I will also examine equality of happiness and welfare. In the third paragraph the debate over equality of opportunity and equality of a basic living standard marks the end of my discussion. [...]
Justice And Gender
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Author : Deborah L. RHODE
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
Justice And Gender written by Deborah L. RHODE and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments. She shows the way cultural perceptions of gender influence and in turn are influenced by legal constructions, and what this complicated interaction implies about the possibility-or impossibility-of using law as a tool of social change. Table of Contents: Introduction Part One: Historical Frameworks 1. Natural Rights and Natural Roles Domesticity as Destiny The Emergence of a Feminist Movement Nineteenth-Century Legal Ideology: Separate and Unequal 2. The Fragmentation of Feminism and the Legalization of Difference The Postsuffrage Women's Movement Separate Spheres and Legal Thought Part Two: Equal Rights in Retrospect 3. Feminist Challenges and Legal Responses The Growth of the Contemporary Women's Movement Governmental Rejoinders Liberalism and Liberation 4. The Equal Rights Campaign Instrumental Claims Symbolic Underpinnings Political Strategies Requiems and Revivals 5. The Evolution of Discrimination Doctrine The Search for Standards Separate Spheres Revisited: Bona Fide Occupational Qualifications Definitions of Difference Part Three: Contemporary Issues 6. False Dichotomies Benign and Invidious Discrimination in Welfare Policy: Elderly Women and Social Security Special Treatment or Equal Treatment: Pregnancy, Maternal, and Caretaking Policy Public and Private: Social Welfare and Childcare Policies 7. Competing Perspectives on Family Policy Form and Substance: The Marital-Nonmarital Divide Lesbian-Gay Rights and Social Wrongs Equality and Equity in Divorce Reform Text and Subtext in Custody Adjudication 8. Equality in Form and Equality in Fact: Women and Work Occupational Inequality The Legal Response Employment Policy and Structural Change 9. Reproductive Freedom The Historical Legacy Abortion Adolescent Pregnancy Reproductive Technology 10. Sex and Violence Sexual Harassment Domestic Violence Rape Prostitution Pornography 11. Association and Assimilation Private Clubs and Public Values Education Athletics Different But Equal Conclusion: Principles and Priorities Differences over Difference Differences over Sameness Theory about Theory Legal Frameworks Notes Index Reviews of this book: Rhode's work is impressive in its scholarship and its range...a compelling account. --Josephine Shaw, International and Comparative Law Quarterly Reviews of this book: The definitive treatment of the American legal system's struggle to deal with issues pertaining to gender...The strength of Rhode's analysis, however, is not its historical aspect but its probing view of modern gender issues...The focus is always on the deeper forces that have led to gender disadvantage...There is much to be learned from reading this volume. --Victoria J. Dodd, Bimonthly Review of Law Books Reviews of this book: A comprensive journey through the history of law and gender...The book is important in a number of ways...[It] paints in stark, irrefutable colors the irrational prejudices that have served to justify legal determinations limiting equality...[I]t has the audacity to ask the law to turn on itself and work more justly. --Sheila James Kuehl, California Lawyer Reviews of this book: Encyclopedic.. . Thorough, carefully nuanced ... [Rhode] gives all sides their fair due on every issue she takes up... A valuable resource for many years to come. --Susan 0kin, Law and Social Inquiry Justice and Gender breaks the impasse created by legal and theoretical debates over 'sameness' and 'difference.' Deborah Rhode's brilliant analysis of gender and the law in the United States from the nineteenth century to the present argues persuasively for theories rooted in careful contextual analysis and for a legal emphasis on gender disadvantage rather than gender difference. This book offers a new vantage point from which to think about the role of law in building a just society. --Sarah M. Evans, University of Minnesota
Discrimination Law
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Author : Sandra Fredman
language : en
Publisher: Oxford University Press on Demand
Release Date : 2011-05-26
Discrimination Law written by Sandra Fredman and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-26 with Law categories.
This text provides an introduction to discrimination law. Drawing on a wide variety of philosophical and legal sources, the concepts of equality and anti-discrimination law are introduced in their social and historical context.
Speaking Of Equality
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Author : Peter Westen
language : en
Publisher:
Release Date : 1990
Speaking Of Equality written by Peter Westen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Political Science categories.
Aristotle noted that "equality" is the plea not of those who are satisfied but of those who seek change, and the word has long been invoked in the name of social reform. It retains its force because arguments for equality put arguments for inequality on the defensive. But why is "equality" laudatory and "inequality" pejorative? In this first book-length analysis of the rhetorical force of equality arguments, Peter Westen argues that they derive their persuasiveness largely from the kind of word that "equality" is, rather than from the values it incorporates. By focusing on ordinary language and using commonplace examples from law and morals, Westen argues that equality is a single concept that lends itself to a multiplicity of conceptions by virtue of its capacity to incorporate diverse standards of comparison by reference. Equality arguments draw rhetorical force in part from their tendency to mask the standards of comparison on which they are based, and in so doing to confound fact with value, premises with conclusions, and uncontested with contested norms. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Unequal
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Author : Sandra F. Sperino
language : en
Publisher: Oxford University Press
Release Date : 2017-05-01
Unequal written by Sandra F. Sperino and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-01 with Law categories.
It is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.
Law As A Social System
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Author : Niklas Luhmann
language : en
Publisher: Oxford Socio-Legal Studies
Release Date : 2004
Law As A Social System written by Niklas Luhmann and has been published by Oxford Socio-Legal Studies this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.