From Formal To Material Equality
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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.
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.
A Theory Of Justice
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Author : John RAWLS
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
A Theory Of Justice written by John RAWLS 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 Philosophy categories.
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
The Equality Of Flesh
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Author : Brent Dawson
language : en
Publisher: Cornell University Press
Release Date : 2024-06-15
The Equality Of Flesh written by Brent Dawson and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-15 with Literary Criticism categories.
The Equality of Flesh traces a new genealogy of equality before its formalization under liberalism. While modern ideas of equality are defined through an inner human nature, Brent Dawson argues that the sixteenth and seventeenth centuries conceptualized equality as an ambivalent and profoundly bodily condition. Everyone was made from the same lowly matter and, as a result, shared the same set of vulnerabilities, needs, and passions. Responding to the political upheavals of colonialism and the intellectual turmoil of new natural philosophies, leading figures of the English Renaissance, including Edmund Spenser and William Shakespeare, anxiously imagined that bodily commonality might undermine differences of religion, race, and class. As the period progressed, later authors developed the revolutionary possibilities of bodily equality even as new ideas of fixed racial inequality emerged. Some—like the utopian radical Gerrard Winstanley and the republican poet John Milton—challenged political absolutism through the idea of humans as base, embodied creatures. Others—like the heterodox philosopher Margaret Cavendish, the French theologian Isaac La Peyrère, and the libertine Cyrano de Bergerac—offered limited yet important interrogations of racial paradigms. This moment, Dawson shows, would pass, as bodily equality was marginalized in the liberal theories of John Locke and Thomas Hobbes. In its place, during the Enlightenment pseudoscientific racism would come to anchor inequality in the body. Contending with the lasting implications of material equality for modernity, The Equality of Flesh shows how increasingly vehement notions of racial difference eclipsed a nascent sense of human commonality rooted in the basic stuff of life.
Providential Democracy
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Author : Dominique Schnapper
language : en
Publisher: Routledge
Release Date : 2017-07-05
Providential Democracy written by Dominique Schnapper and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Political Science categories.
Democracy posits the universality of the equality principle: a community of citizens is governed by the principle of the formal equality of all individuals, whatever their real social, cultural, or other inequalities. Democratization, on the other hand, is motivated by the ambition of ensuring the real equality of citizens, and not simply their formal equality. The dynamics of democracy are thus insured by the development of a welfare state that increasingly intervenes in order to satisfy the social and economic needs of individuals. Especially focused on France, yet informed by the experiences of other European countries, this book examines the dilemmas of the search for equality in society and politics.Democratization guarantees the rights of salaried workers and employees, the rights to material survival and housing, as well as health care, education, and culture. Today, however, as Schnapper observes, its action has become paradoxical. As the fruit of a praiseworthy concern to ensure the universality of rights, what Schnapper identifies as a "Providence State" now aims, by means of positive discrimination and other specific promotion policies, to defend the particular rights of certain categories of individuals. The action of the Providence State thus nourishes an aspiration: that the identities of historical collectivities gathered within the same national society be publicly recognized, and that these have rights. Equity thus supplants equality; and multiculturalism, universality. Such is the ordeal currently experienced by Western democracies, which are faced with the increasingly "providential" nature of their societies. Indeed, the author asks, how can a united political Europe be constructed on the ideals and institutions of citizenship, when European nations are becoming providential democracies?Providential Democracy offers a searching and timely critique of democratization that will be of interest to sociologists, political sci
Equality Before The Law
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Author : Michael P Foran
language : en
Publisher:
Release Date : 2023
Equality Before The Law written by Michael P Foran and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Equal rights amendments categories.
This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality - manifest in a commitment to collective flourishing - without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.
Rights Equality And Liberty
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Author : Guido Pincione
language : en
Publisher: Springer Science & Business Media
Release Date : 2000-03-31
Rights Equality And Liberty written by Guido Pincione and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03-31 with Law categories.
What are moral rights? What role do they play in liberalism? Which rights do we have? Does the language of rights impose formal constraints? Which rights and duties does equality force us to acknowledge? Are rights universal or culture-bound? How should global institutions promote human rights? These are the central questions discussed in this volume. All the contributors are leading figures in moral, legal, or political philosophy, and their papers are published here for the first time. The reader will therefore find in this volume a unique opportunity to acquire a direct acquaintance with some of the most recent developments in the above fields. Although the general tone of the contributions is polemical and rigorous, most of the material will be useful to the specialized reader as well as to the university student.
The Formal And The Material Concept Of Flag Equality
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Author : Hans Georg Röhreke
language : en
Publisher:
Release Date : 1961
The Formal And The Material Concept Of Flag Equality written by Hans Georg Röhreke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Flags categories.
Reconceiving Women S Equality In China
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Author : Lijun Yuan
language : en
Publisher: Lexington Books
Release Date : 2005
Reconceiving Women S Equality In China written by Lijun Yuan and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Philosophy categories.
According to the author, the subordination of Chinese women continued under different models of sex equality in China in twentieth century. In Reconceiving Women's Equality in China Lijun Yuan discusses and assesses four models of womenOs equality: first, the traditional Confucian view of women which advocates that womenOs role is to follow and support men; second, the liberal feminist idea of formal equality for women introduced into China at the beginning of the twentieth century, which is anti-Confucian and advocates womenOs equal rights in education, law, and employment; third, MaoOs view of womenOs equality in production, calling for substantive equality between men and women; finally, the idea of equal opportunity in the economic transformation in the post-Mao period, the revival of Confucianism in this period and its convergence with the declining status of women. According to Yuan, each of these models has a variety of problems in dealing with womenOs equality. However, she sees one common thread running through all of them, namely, lack of emphasis on empowering women to develop their own visions of equality. Ideologies imposed from the top-down have rationalized the continuing subordination and exploitation of women, either blatantly (Confucianism) or more subtly (Maoism). After exposing the common feature in their failure to reach the social ideal of womenOs equality, the author proposes a more democratic conception of womenOs equality that will allow ideals to continue changing as material circumstances change in different stages of social development. This book is a seminal work of research on the status of women in China during and after Mao's cultural revolution. It is essential to studies of Chinese society, politics, and religion, as well as to women's studies and philosophy.
Rawls S Egalitarianism
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Author : Alexander Kaufman
language : en
Publisher: Cambridge University Press
Release Date : 2018-06-14
Rawls S Egalitarianism written by Alexander Kaufman 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 2018-06-14 with Philosophy categories.
A new analysis of John Rawls's theory of distributive justice, focusing on the ways his ideas have both influenced and been misinterpreted by the current egalitarian literature.