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Eu anti-discrimination law beyond gender, 


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Название:  Eu anti-discrimination law beyond gender
ISBN: 9781509915019
Издательство: Bloomsbury Academic
Классификация:

ISBN-10: 150991501X
Обложка/Формат: Hardback
Страницы: 392
Вес: 0.73 кг.
Дата издания: 15.11.2018
Серия: Law & Criminology
Язык: English
Размер: 241 x 165 x 30
Читательская аудитория: Tertiary education (us: college)
Ключевые слова: Gender & the law,International law, LAW / International
Рейтинг:
Поставляется из: Англии
Описание: The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five ‘newer’ grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union’s ‘Garden of Earthly Delights’, it offers one of the highest standards of protection in comparative anti-discrimination law.


Gender Equality in Law: Uncovering the Legacies of Czech State Socialism

Автор: Barbara Havelkova
Название: Gender Equality in Law: Uncovering the Legacies of Czech State Socialism
ISBN: 1509933034 ISBN-13(EAN): 9781509933037
Издательство: Bloomsbury Academic
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Цена: 6334.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

Описание: "Since the fall of the Berlin wall there has been a surprising dearth of high quality of scholarship on legal culture in the communist successor states of East Central Europe. In this excellent book Barbara Havelkova engages with the reversal of many of the advances the socialist period made in gender relations, examining the historical roots of the current failure of Czech law to engage with the discriminatory practices that have negatively affected the lives of women. She does this by a forensic excavation of law, discourses and practices of the socialist era revealing the patriarchal assumptions underpinning them that became deeply embedded in Czech legal culture, and that have been carried forward to the present day. The book is a compelling read. It provides answers to many of the questions that have perplexed feminists about the post-soviet transition and at the same time speaks more generally to the debates surrounding the troubling rightward shift in the politics of the communist successor states of Europe." Professor Judith Pallot, President of the British Association for Slavonic and East European Studies "In Gender Equality in Law: Uncovering the Legacies of Czech State Socialism, Barbara Havelkov offers a sober and sophisticated socio-legal account of gender equality law in Czechia. Tracing gender equality norms from their origins under state socialism, Havelkov shows how the dominant understanding of the differences between women and men as natural and innate combined with a post-socialist understanding of rights as freedom to shape the views of key Czech legal actors and to thwart the transformative potential of EU sex discrimination law. Havelkov 's compelling feminist legal genealogy of gender equality in Czechia illuminates the path dependency of gender norms and the antipathy to substantive gender equality that is common among the formerly state-socialist countries of Central and Eastern Europe. Her deft analysis of the relationship between gender and legal norms is especially relevant today as the legitimacy of gender equality laws is increasingly precarious." Professor Judy Fudge, Kent Law School Gender equality law in Czechia, as in other parts of post-socialist Central and Eastern Europe, is facing serious challenges. When obliged to adopt, interpret and apply anti-discrimination law as a condition of membership of the EU, Czech legislators and judges have repeatedly expressed hostility and demonstrated a fundamental lack of understanding of key ideas underpinning it. This important new study explores this scepticism to gender equality law, examining it with reference to legal and socio-legal developments that started in the state-socialist past and that remain relevant today. The book examines legal developments in gender-relevant areas, most importantly in equality and anti-discrimination law. But it goes further, shedding light on the underlying understandings of key concepts such as women, gender, equality, discrimination and rights. In so doing, it shows the fundamental intellectual and conceptual difficulties faced by gender equality law in Czechia. These include an essentialist understanding of differences between men and women, a notion that equality and anti-discrimination law is incompatible with freedom, and a perception that existing laws are objective and neutral, while any new gender-progressive regulation of social relations is an unacceptable interference with the 'natural social order'. Timely and provocative, this book will be required reading for all scholars of equality and gender and the law.

Discrimination Law

Автор: Fredman FBA, Sandra
Название: Discrimination Law
ISBN: 0199584435 ISBN-13(EAN): 9780199584437
Издательство: Oxford Academ
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Цена: 6651.00 р.
Наличие на складе: Поставка под заказ.

Описание: A highly readable introduction to equality law and how it has adjusted to new and complex problems. Including an historical overview and comparative analysis, it thematically illuminates and discusses the major issues in discrimination law. This edition incorporates recent changes to the law, most importantly the Equality Act 2010.

Masculinity at Work: Employment Discrimination through a Different Lens

Автор: Ann C. McGinley
Название: Masculinity at Work: Employment Discrimination through a Different Lens
ISBN: 0814796133 ISBN-13(EAN): 9780814796139
Издательство: Mare Nostrum (Eurospan)
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Цена: 6270.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

Описание:

In late October 2013, the Miami Dolphins’ player Jonathan Martin walked out on his team and checked into a mental health institution. The original story implied that Martin could not take the professional pressure. Within days, the story changed. News sources reported that Martin’s teammates had repeatedly bullied him and as a result, the twenty-four year-old African American player suffered serious depression. The response was skeptical, and many opined the harassment involved was simply locker room banter that all players endure; essentially, that boys will be boys.
Masculinity at Work uses the Jonathan Martin case and others to analyze Title VII of the Civil Rights Act of 1964 through the lens of masculinities theory. Illustrating how harassment and discrimination can occur because of sex even if the gendered nature of the behavior remains unseen to onlookers, this book educates readers about the invisibility of masculine structures and practices, how society constructs concepts of masculinity, and how men (and sometimes women) perform masculinity in different ways depending on their identities and situational contexts. Using a sophisticated mix of legal, gender, and social science analysis, the author demonstrates how masculinities theory can also offer significant insights into the behaviors and motivations of employers, as well as workplace structures that disadvantage both men and women who do not conform to gender stereotypes. Both a theoretical disposition and a practical guide for legal counsel and judges on the interpretation of sex and race discrimination cases, Masculinity at Work explains how this theory can be used to interpret Title VII in new, liberating ways.

Gender Equality in Law: Uncovering the Legacies of Czech State Socialism

Автор: Barbara Havelkova
Название: Gender Equality in Law: Uncovering the Legacies of Czech State Socialism
ISBN: 1509905863 ISBN-13(EAN): 9781509905867
Издательство: Bloomsbury Academic
Рейтинг:
Цена: 15048.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

Описание: "Since the fall of the Berlin wall there has been a surprising dearth of high quality of scholarship on legal culture in the communist successor states of East Central Europe. In this excellent book Barbara Havelkova engages with the reversal of many of the advances the socialist period made in gender relations, examining the historical roots of the current failure of Czech law to engage with the discriminatory practices that have negatively affected the lives of women. She does this by a forensic excavation of law, discourses and practices of the socialist era revealing the patriarchal assumptions underpinning them that became deeply embedded in Czech legal culture, and that have been carried forward to the present day. The book is a compelling read. It provides answers to many of the questions that have perplexed feminists about the post-soviet transition and at the same time speaks more generally to the debates surrounding the troubling rightward shift in the politics of the communist successor states of Europe." Professor Judith Pallot, President of the British Association for Slavonic and East European Studies "In Gender Equality in Law: Uncovering the Legacies of Czech State Socialism, Barbara Havelkova offers a sober and sophisticated socio-legal account of gender equality law in Czechia. Tracing gender equality norms from their origins under state socialism, Havelkova shows how the dominant understanding of the differences between women and men as natural and innate combined with a post-socialist understanding of rights as freedom to shape the views of key Czech legal actors and to thwart the transformative potential of EU sex discrimination law. Havelkova’s compelling feminist legal genealogy of gender equality in Czechia illuminates the path dependency of gender norms and the antipathy to substantive gender equality that is common among the formerly state-socialist countries of Central and Eastern Europe. Her deft analysis of the relationship between gender and legal norms is especially relevant today as the legitimacy of gender equality laws is increasingly precarious." Professor Judy Fudge, Kent Law School Gender equality law in Czechia, as in other parts of post-socialist Central and Eastern Europe, is facing serious challenges. When obliged to adopt, interpret and apply anti-discrimination law as a condition of membership of the EU, Czech legislators and judges have repeatedly expressed hostility and demonstrated a fundamental lack of understanding of key ideas underpinning it. This important new study explores this scepticism to gender equality law, examining it with reference to legal and socio-legal developments that started in the state-socialist past and that remain relevant today. The book examines legal developments in gender-relevant areas, most importantly in equality and anti-discrimination law. But it goes further, shedding light on the underlying understandings of key concepts such as women, gender, equality, discrimination and rights. In so doing, it shows the fundamental intellectual and conceptual difficulties faced by gender equality law in Czechia. These include an essentialist understanding of differences between men and women, a notion that equality and anti-discrimination law is incompatible with freedom, and a perception that existing laws are objective and neutral, while any new gender-progressive regulation of social relations is an unacceptable interference with the ‘natural social order’. Timely and provocative, this book will be required reading for all scholars of equality and gender and the law.

Racial Reconciliation and the Healing of a Nation: Beyond Law and Rights

Автор: Ogletree Jr Charles J., Sarat Austin
Название: Racial Reconciliation and the Healing of a Nation: Beyond Law and Rights
ISBN: 1479843539 ISBN-13(EAN): 9781479843534
Издательство: Mare Nostrum (Eurospan)
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Цена: 4138.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

Описание: The work at hand for bridging the racial divide in the United States  From Baltimore and Ferguson to Flint and Charleston, the dream of a post-racial era in America has run up against the continuing reality of racial antagonism. Current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty and ambivalence about the place and meaning of race – and especially the black/white divide – in American culture. They also suggest that the work of racial reconciliation remains incomplete.   Racial Reconciliation and the Healing of a Nation seeks to assess where we are in that work, examining sources of continuing racial antagonism among blacks and whites. It also highlights strategies that promise to promote racial reconciliation in the future.   Rather than revisit arguments about the importance of integration, assimilation, and reparations, the contributors explore previously unconsidered perspectives on reconciliation between blacks and whites. Chapters connect identity politics, the rhetoric of race and difference, the work of institutions and actors in those institutions, and structural inequities in the lives of blacks and whites to our thinking about tolerance and respect.    Going beyond an assessment of the capacity of law to facilitate racial reconciliation, Racial Reconciliation and the Healing of a Nation challenges readers to examine social, political, cultural, and psychological issues that fuel racial antagonism, as well as the factors that might facilitate racial reconciliation.     

Racial Reconciliation and the Healing of a Nation: Beyond Law and Rights

Автор: Ogletree Jr Charles J., Sarat Austin
Название: Racial Reconciliation and the Healing of a Nation: Beyond Law and Rights
ISBN: 1479844632 ISBN-13(EAN): 9781479844630
Издательство: Mare Nostrum (Eurospan)
Рейтинг:
Цена: 11161.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

Описание: The work at hand for bridging the racial divide in the United States  From Baltimore and Ferguson to Flint and Charleston, the dream of a post-racial era in America has run up against the continuing reality of racial antagonism. Current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty and ambivalence about the place and meaning of race – and especially the black/white divide – in American culture. They also suggest that the work of racial reconciliation remains incomplete.   Racial Reconciliation and the Healing of a Nation seeks to assess where we are in that work, examining sources of continuing racial antagonism among blacks and whites. It also highlights strategies that promise to promote racial reconciliation in the future.   Rather than revisit arguments about the importance of integration, assimilation, and reparations, the contributors explore previously unconsidered perspectives on reconciliation between blacks and whites. Chapters connect identity politics, the rhetoric of race and difference, the work of institutions and actors in those institutions, and structural inequities in the lives of blacks and whites to our thinking about tolerance and respect.    Going beyond an assessment of the capacity of law to facilitate racial reconciliation, Racial Reconciliation and the Healing of a Nation challenges readers to examine social, political, cultural, and psychological issues that fuel racial antagonism, as well as the factors that might facilitate racial reconciliation.     

Lifetime Disadvantage, Discrimination and the Gendered Workforce

Автор: Susan Bisom-Rapp, Malcolm Sargeant
Название: Lifetime Disadvantage, Discrimination and the Gendered Workforce
ISBN: 1107558972 ISBN-13(EAN): 9781107558977
Издательство: Cambridge Academ
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Цена: 4909.00 р.
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Описание: This book fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and recommending a new holistic approach. It is an important addition to any research collection on the issues of gender, employment, equality and secure retirement.

Sexuality, Gender, and the Law

Автор: William Eskridge Jr, Nan Hunter, Courtney Joslin
Название: Sexuality, Gender, and the Law
ISBN: 1634605292 ISBN-13(EAN): 9781634605298
Издательство: Mare Nostrum (Eurospan)
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Цена: 38669.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

Описание: This casebook offers law professors and students a doctrinally comprehensive, theoretically ambitious, and up-to-date exploration of the treatment of sexuality and gender in American public law. The Fourth Edition extends the historically grounded first chapter from the Third Edition – establishing the three primary doctrinal strands of liberty, equality, and expression – through the end of the twentieth century. The second chapter focuses on the turning points that now define the field: The post-Roe “undue burden” standard as it has evolved from Planned Parenthood v. Casey to Whole Woman’s Health v. Hellerstadt; The elimination of criminal laws against sexual conduct based on morality in Lawrence v. Texas and queries as to the reach of that principle; and The legalization of same-sex marriage in Obergefell v. Hodges.Discrimination against women and against trans- and non-binary persons is highlighted throughout the book, from the historical chapter through the most contemporary disputes in workplace and family law. The book’s distinctive chapter on the theoretical debates that underlay the field contains more coverage of intersectional and trans-influenced thinking, and a new chapter focuses on the conflict between equality and religious liberty claims, which increasingly dominate in both LGBT and reproductive rights cases. With Professor Courtney Joslin of UC-Davis Law School joining as a new co-author, Sexuality, Gender, and the Law continues to provide both the most comprehensive and deepest coverage of this dynamic field.

Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women

Автор: Elspeth Kaiser-Derrick
Название: Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women
ISBN: 0887558283 ISBN-13(EAN): 9780887558283
Издательство: Mare Nostrum (Eurospan)
Рейтинг:
Цена: 4383.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

Описание: Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women explores how judges navigate these issuesin sentencing by examining related discourses in selected judgments from a review of 175 decisions.The feminist theory of the victimization-criminalization continuum informs Elspeth Kaiser-Derrick's work. She examines its overlap with the Gladue analysis, foregrounding decisions that effectively integrate gendered understandings of Indigenous women's victimization histories, and problematizing those with less contextualized reasoning. Ultimately, she contends that judicial usage of the victimization-criminalization continuum deepens the Gladue analysis and augments its capacity to further its objectives of alternatives to incarceration. Kaiser-Derrick discusses how judicial discourses about victimization intersect with those about rehabilitation and treatment, and suggests associated problems, particularly where prison is characterized as a place of healing. Finally, she shows how recent incursions into judicial discretion, through legislative changes to the conditional sentencing regime that restrict the availability of alternatives to incarceration, are particularly concerning for Indigenous women in the system.

Discrimination as Stigma: A Theory of Anti-discrimination Law

Автор: Iyiola Solanke
Название: Discrimination as Stigma: A Theory of Anti-discrimination Law
ISBN: 1849467382 ISBN-13(EAN): 9781849467384
Издательство: Bloomsbury Academic
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Цена: 15048.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

Описание: This book reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of environmental, institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as wider international law. Subject: Human Rights Law, International Trade Law, Labor & Discrimination Law]

Discrimination as Stigma: A Theory of Anti-discrimination Law

Автор: Iyiola Solanke
Название: Discrimination as Stigma: A Theory of Anti-discrimination Law
ISBN: 1509929827 ISBN-13(EAN): 9781509929825
Издательство: Bloomsbury Academic
Рейтинг:
Цена: 6334.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

Описание: This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an ‘anti-stigma principle’, promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.

Compliance Patterns with EU Anti-Discrimination Legislation

Автор: Petri?evi?
Название: Compliance Patterns with EU Anti-Discrimination Legislation
ISBN: 1137495189 ISBN-13(EAN): 9781137495181
Издательство: Springer
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Цена: 11179.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

Описание: This book provides an in-depth and timely analysis of the member states` compliance patterns with the key European Union Anti-Discrimination Directives. It examines the various structural, administrative, and individual aspects which significantly affect the degree and the nature of compliance patterns in select European Union member states.


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