Formal Equality Procedural Equality
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Formal Equality Procedural Equality
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Author :
language : en
Publisher:
Release Date : 2001
Formal Equality Procedural Equality written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with categories.
Substantive Equality And Procedural Justice
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Author : Paul J. Stancil
language : en
Publisher:
Release Date : 2016
Substantive Equality And Procedural Justice written by Paul J. Stancil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
The Federal Rules of Civil Procedure reflect a “formal equality” approach to civil justice. Formally equal systems promote justice by treating “like cases as like.” Theories embracing formal equality norms therefore implicitly depend on the idea that identical treatment equates to fair treatment. But formal equality is not the only kind of equality. Substantive equality theorists maintain that formally identical treatment is not truly equitable unless the law looks behind the veil to identify and remedy structural barriers to equal opportunity. To substantive equality proponents, formal equality is sufficient only if the underlying population is itself sufficiently homogeneous to ensure that outcomes will not be the product of a tilted playing field.Whatever the merits of a formal equality approach when the Federal Rules were created in the 1930s, such rigid formalism is wholly unjust now because the requisite homogeneity is absent from modern civil litigation. New causes of action, new procedural devices, and a significant expansion of the role of private enforcement have combined to create a civil litigation environment characterized by marked heterogeneity. As a result, transsubstantive procedural rules premised on the continued dominance of the 1938 “paradigm case” no longer promote substantive equality. This overlooked reality means that federal rulemakers must embrace norms that ensure accuracy and participation rights, even if it means that the same procedural rules no longer apply across all categories of cases. In particular, rulemakers must look beyond the civil case as the relevant unit of analysis, because accuracy and meaningful participation are a function of a variety of incentives inherent in litigation, and those incentives differ by case type. In other words, the Supreme Court and the committee rulemaking process must discard rigid formal equality in favor of a substantive equality approach. This Article offers the first examination of what truly substantively neutral rules of civil procedure will require.
Justice And Egalitarianism
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Author : Michael Quinn
language : en
Publisher: Routledge
Release Date : 2019-11-19
Justice And Egalitarianism written by Michael Quinn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-19 with History categories.
First published in 1991. This study is a critical survey of substantive egalitarian theories of justice, that is to say, various theories containing principles for the distribution of social resources which, it is argued, base themselves on a fundamental principle of equality. This title will be of interest to students of politics and philosophy.
Pursuing Equal Opportunities
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Author : Lesley A. Jacobs
language : en
Publisher: Cambridge University Press
Release Date : 2004
Pursuing Equal Opportunities written by Lesley A. Jacobs and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Philosophy categories.
This book offers original and innovative contributions to the debate about equality of opportunity. The first part sets out a theory of equality of opportunity that presents equal opportunities as a normative device for the regulation of competition for scarce resources. The second part shifts the focus to the consideration of the practical application by courts or legislatures or public policy makers of policies for addressing racial, class or gender injustices. The author examines standardized tests, affirmative action, workfare, universal health-care, comparable worth, and the economic consequences of divorce.
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.
Rethinking Equality Projects In Law
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Author : Rosemary Hunter
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-08-01
Rethinking Equality Projects In Law written by Rosemary Hunter and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-01 with Law categories.
The concept of equality has been a key animating principle of modern feminism, and has been highly productive for feminist legal thought and feminist politics concerning law. Today however, given the failure to achieve material and psychic equality for women, feminists have come to challenge the usefulness of equality as a concept, a particular definition, or a basis for strategising. The papers in this collection reflect these concerns, primarily in the context of English-speaking, common law cultures. Collectively, the papers analyse a range of equality projects across a number of areas of public and private law, considering both competing conceptions of equality and alternatives to it. In taking stock across a century and a half and around the globe, the book illustrates the range of ways in which equality projects in law have been challenged by, and remain a challenge for, feminism.
From Formal To Material Equality
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Author : Stefan Grundmann
language : en
Publisher: European Contract Law and Theo
Release Date : 2023-01-12
From Formal To Material Equality written by Stefan Grundmann and has been published by European Contract Law and Theo this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-12 with Law categories.
Equality has been seen as the core of any quest of justice since Aristotle's Nicomachian Ethics. Reaching not only situational equality, but equality in status, however, had not been achieved until modern times. The father of ethics and his systematic enquiry into the concept of justice did not have any problems with foreigners without rights, women as second-class citizens and enslaving people - nor did antiquity at large, medieval era or even the high renaissance. While suum cuique (treating equal issues equally and unequal issues unequally) had been in place since antiquity and Cicero, personal status still had to wait to be recognised as a target of equality concerns. Related to this, no agenda was designed for achieving a paradigm reaching beyond mere formal equality, which only implies treating same things formally the same, and the material quest for equality has come to the fore as a vision only very recently. This book explores these issues - from general equality to equality also in personal status, hence also anti-discrimination, and the change from formal to material concepts of equality - in time and in theoretical approaches. In time, it describes firstly how the equality of indigenous people in Latin America was originally developed as a postulate on the basis of the Bible (all men are similar to God) and from that also as a postulate of equality in law. It further describes how this postulate became a rule of natural law and then a powerful political value, also for the masses and daily reality, in the French Revolution (and in the US), then as posited law. In the theory and history of philosophical thought, two questions are discussed in particular. The first is how and whether 'more material protection' cannot only be conceived for freedom at all, but as well for equality, even if it is so contingent in times and diverse societies ('what is equal')? The second is whether - beyond personal status - an absolute equality right exists nowadays, namely absolutely equal dignity for human beings? This discussion is followed by how to integrate equality into economics, so targeted towards differentiation in all matters, and efficiency of selection. It is further followed by how sociology's prime quest nowadays might well be the very core of the question: the search for more material protection, namely against systemic discriminations, and such a search even in the toughest contexts such as digitalization.
Re Imagining Justice
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Author : ROBIN L. WEST
language : en
Publisher:
Release Date : 2019
Re Imagining Justice written by ROBIN L. WEST and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Justice Equal Opportunity And The Family
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Author : James S. Fishkin
language : en
Publisher: Yale University Press
Release Date : 1983-01-01
Justice Equal Opportunity And The Family written by James S. Fishkin and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983-01-01 with Philosophy categories.
Three common assumptions of both liberal theory and political debate are the autonomy of the family, the principle of merit, and equality of life chances. Fishkin argues that even under the best conditions, commitment to any two of these principles precludes the third. "A brief survey and brilliant critique of contemporary liberal political theory.... A must for all political theory or public policy collections." -Choice "The strong points of Fishkin's book are many. He raises provocative issues, locates them within a broader theoretical framework, and demonstrates an urgent need for liberals to set certain priorities. His main message--that liberalism has radical implications for ordinary life--needs to be heard by many." --Virginia L. Warren, Michigan Law Review "A highly original and powerfully argued book.... Fishkin is undoubtedly right, and his warning needs to be taken seriously.... This is not a book that catechizes us about what we should believe concerning the practicalities of distributive justice. It is a book that advises us about how we need to think about beliefs that are already popular dogmas, in the interest of making sense." -James Gaffney, America James S. Fishkin is associate professor of political science at Yale University. He is also the author of The Limits of Obligation and Beyond Subjective Morality.
More Equal Than Others
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Author : Daniele Amoroso
language : en
Publisher: Springer Nature
Release Date : 2022-11-18
More Equal Than Others written by Daniele Amoroso and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-18 with Law categories.
This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what – if any – the common core of this principle is. The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations. The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality. Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy. Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy. Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy. Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy. Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.