Journal Of Law Equality
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Equality Before The Law
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Author : Michael P Foran
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-12-14
Equality Before The Law written by Michael P Foran and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-14 with Law 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.
Mere Civility
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Author : Teresa M. Bejan
language : en
Publisher: Harvard University Press
Release Date : 2017-01-02
Mere Civility written by Teresa M. Bejan 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 2017-01-02 with Philosophy categories.
In liberal democracies committed to tolerating diversity as well as disagreement, the loss of civility in the public sphere seems critical. But is civility really a virtue, or a demand for conformity that silences dissent? Teresa Bejan looks at early modern debates about religious toleration for answers about what a civil society should look like.
Democracy S Discontent
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Author : Michael J. Sandel
language : en
Publisher: Harvard University Press
Release Date : 1998-02-06
Democracy S Discontent written by Michael J. Sandel 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 1998-02-06 with History categories.
On American democracy
After Legal Equality
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Author : Robert Leckey
language : en
Publisher: Routledge
Release Date : 2014-07-11
After Legal Equality written by Robert Leckey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-11 with Law categories.
Groups seeking legal equality often take a victory as the end of the line. Once judgment is granted or a law is passed, coalitions disband and life goes on in a new state of equality. Policy makers too may assume that a troublesome file is now closed. This collection arises from the urgent sense that law reforms driven by equality call for fresh lines of inquiry. In unintended ways, reforms may harm their intended beneficiaries. They may also worsen the disadvantage of other groups. Committed to tackling these important issues beyond the boundaries that often confine legal scholarship, this book pursues an interdisciplinary consideration of efforts to advance equality, as it explores the developments, challenges, and consequences that arise from law reforms aiming to deliver equality in the areas of sexuality, kinship, and family relations. With an international array of contributors, After Legal Equality: Family, Sex, Kinship will be an invaluable resource for those with interests in this area.
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.
The Principle Of Equality In Eu Law
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Author : Lucia Serena Rossi
language : en
Publisher: Springer
Release Date : 2017-11-23
The Principle Of Equality In Eu Law written by Lucia Serena Rossi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-23 with Law categories.
This book provides a comprehensive and updated legal analysis of the equality principle in EU law. To this end, it argues for a broad definition of the principle, which includes not only its inter-individual dimension, but also the equality of the Member States before the EU Treaties. The book presents a collection of high-quality academic and expert contributions, which, in light of the most recent developments in implementing the post-Lisbon legal framework, reflect the current interpretation of the equality principle, examining its performance in practice with a view to suggesting possible solutions in order to overcome recurring problems. To this end the volume is divided into three Parts, the first of which addresses a peculiar aspect of the EU equality that is mostly overlooked in the investigations devoted to this topic, namely, equality among States. Part II shifts to the inter-individual dimension of equality and explores some major developments contributing to (re)shaping the global framework of EU anti-discrimination law, while Part III undertakes a more practical investigation devoted to the substantive strands of that area of EU law.
Frontiers Of Gender Equality
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Author : Rebecca J. Cook
language : en
Publisher: University of Pennsylvania Press
Release Date : 2023-05-30
Frontiers Of Gender Equality written by Rebecca J. Cook and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-30 with Law categories.
In Frontiers of Gender Equality, editor Rebecca Cook enlarges the chorus of voices to introduce new and different discourses about the wrongs of gender discrimination and to explain the multiple dimensions of gender equality. This volume demonstrates that the wrongs of discrimination can best be understood from the perspective of the discriminated, and that gender discrimination persists and grows in new and different contexts, widening the gap between the principle of gender equality and its realization, particularly for subgroups of women and LGBTQ+ peoples. Frontiers of Gender Equality provides retrospective views of the struggles to eliminate gender discrimination in national courts and international human rights treaties. Focusing on gender equality enables comparisons and contrasts among these regimes to better understand how they reinforce gender equality norms. Different regional and international treaties are examined, those in the forefront of advancing gender equality, those that are promising but little known, and those whose focus includes economic, social, and cultural rights, to explore why some struggles were successful and others less so. The book illustrates how gender discrimination continues to be normalized and camouflaged, and how it intersects with other axes of subordination, such as indigeneity, religion, and poverty, to create new forms of intersectional discrimination. With the benefit of hindsight, the book's contributors reconstruct gender equalities in concrete situations. Given the increasingly porous exchanges between domestic and international law, various national, regional, and international decisions and texts are examined to determine how better to breathe life into equality from the perspectives, for instance, of Indigenous and Muslim women, those who were violated sexually and physically, and those needing access to necessary health care, including abortion. The conclusion suggests areas of future research, including how to translate the concept of intersectionality into normative and institutional settings, which will assist in promoting the goals of gender equality.
Equality Dignity And Same Sex Marriage
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Author : Man Yee Karen Lee
language : en
Publisher: BRILL
Release Date : 2010
Equality Dignity And Same Sex Marriage written by Man Yee Karen Lee and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Om udviklingen i homoseksuelles rettigheder på det ægteskabsretlige område i internationalt perspektiv.
Great Debates In Gender And Law
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Author : Rosemary Auchmuty
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-03-16
Great Debates In Gender And Law written by Rosemary Auchmuty and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-16 with Law categories.
The first textbook to consider gender perspectives in relation to the whole undergraduate law curriculum in England and Wales. Gender is of central importance in every area of law and every area of people's lives but is rarely mentioned in the formal LLB syllabus; this book is designed to fill some of those gaps. 18 chapters, written by experts in the field, cover all the core modules on the English LLB together with 11 of the most popular options. Aimed at students and lecturers on undergraduate and postgraduate Gender and Law modules, the book will also be useful for all LLB and LLM students studying English law, who may use it to accompany their studies from their first to their final year, and also for prospective law students, legal scholars from outside England and Wales, and scholars in other disciplines.
The Right To Equality In European Human Rights Law
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Author : Charilaos Nikolaidis
language : en
Publisher: Routledge
Release Date : 2014-07-25
The Right To Equality In European Human Rights Law written by Charilaos Nikolaidis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-25 with Law categories.
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.