Basic Equality and Discrimination

Reconciling Theory and Law
1. Auflage 2011
ISBN: 978-1-4094-2843-5
Verlag: Routledge

Buch, Englisch, 238 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 529 g

The focus of this book is the idea of equality as a moral, political and jurisprudential concept. The author is motivated primarily by a concern to better understand conundrums in the justification, interpretation and application of discrimination law. Nicholas Smith aims to provide a clearer understanding of the nature of the value that the law is trying to uphold - equality. He rejects the notion that the concept of equality is vacuous and defends the idea as the proper range of moral concern. After discussing the general characteristics of the denial of equality and some types of discrimination, Smith considers prominent views on the point of equality law. He argues that human rights lawyers should step back from the business of trying to steer courts towards vague equality goals informed by conceptions of equality that are either empty or even more abstract than the notion of equality itself. If they do, Smith thinks that the meaning of 'equality' will be apparent, though abstract, and our difficulties will be shown to be, in the first instance, moral ones. These moral issues will require more rigorous attention before we can draft discrimination law which gives clear effect to a widely legitimate understanding of what it means to uphold and promote equality. This book will be a valuable resource for students and researchers working in the areas of legal philosophy, political theory, public law, and human rights law.

Autoren/Hrsg.

Smith, Nicholas Mark

Fachgebiete

• Sozialwissenschaften Ethnologie | Volkskunde Volkskunde Minderheiten, Interkulturelle & Multikulturelle Fragen
• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte
• Sozialwissenschaften Soziologie | Soziale Arbeit Soziale Gruppen/Soziale Themen Gewalt und Diskriminierung: Soziale Aspekte

Inhaltsverzeichnis

Chapter 1 Introduction; Chapter 2 Why Should We Speak of Equality?; Chapter 3 Why Do We Value Basic Equality?; Chapter 4 The Scope of Basic Equality; Chapter 5 Basic Equality and Other Values; Chapter 6 Denying Basic Equality; Chapter 7 Discrimination and Culture; Chapter 8 Equality’s Law; Chapter 9 Basic Equality and Different Treatment; Chapter 10 Affirmative Action; conclusion Conclusion;

Über Autor(innen)

Nicholas Mark Smith is Senior Lecturer in Business Law at Massey University, New Zealand. His research interests are in the area of public law, discrimination law, and legal theory. He has published widely on these and related areas.