Engineering Equality: An Essay on European Anti-Discrimination Law, Somek Alexander
Автор: Smith Название: Basic Equality and Discrimination ISBN: 113827724X ISBN-13(EAN): 9781138277243 Издательство: Taylor&Francis Рейтинг: Цена: 7961.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
The management of religious and ideological diversity remains a key challenge of our time - deeply entangled with debates about the nature of liberal democracy, equality, social cohesion, minorities and nationalism, security and foreign policy. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of their workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the workplace, particularly when it clashes with other fundamental rights and freedoms?
Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination law and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion and belief in the workplace in Europe. In so doing, it draws on the case law of Europe's two supranational courts, three country studies -Belgium, the Netherlands and the UK - as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significance to academics, students, policy-makers, business leaders and anyone interested in a deeper understanding of the potentials and limits of European and Western inclusion, freedom and equality in a multicultural context.
Awarded an honourable mention from the International Academy of Comparative Law for the 2018 Canada Prize
Автор: Marcia L. McCormick, Maria L. Ontiveros, Michael Selmi, Nicole B. Porter, Roberto L. Corrada Название: Employment Discrimination Law: Cases and Materials on Equality in the Workplace ISBN: 1642429554 ISBN-13(EAN): 9781642429558 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 44075.00 р. Наличие на складе: Нет в наличии.
Описание: Examines the federal statutory protection against employment discrimination, highlighting the themes of workplace equality that are embodied in the civil rights laws. Like prior editions, this edition features many recent cases, new developments in the law and a substantial revision on the ADA and the materials relating to sex discrimination.
Описание: Provides an introduction to employment discrimination law at the abstract level of theory and at the concrete level of doctrine. The book is as much an introduction for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers.
Автор: Smith Nicholas Mark Название: Basic Equality and Discrimination: Reconciling Theory and Law ISBN: 1409428435 ISBN-13(EAN): 9781409428435 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Focuses on the idea of equality as a moral, political and jurisprudential concept. This book provides an understanding of the nature of the value that the law is trying to uphold - equality. It rejects the notion that the concept of equality is vacuous and defends the idea as the proper range of ultimate moral concern.
'This book offers a comprehensive exploration of a traditionally neglected theme which is of great practical significance for the prosperous development of multi-religious societies. Alidadi presents an innovative combination of findings from different normative and empirical disciplines, particularly law and sociology, and offers critical contributions to central debates within legal theory, including on the meaning of State neutrality vis-A -vis religion, secularity, formal and substantive equality, diversity and multiculturalism ...a 'must' for everyone in the future dealing with issues of religious freedom, tolerance or discrimination in the workplace.' Heiner Bielefeldt, Professor of Human Rights and Human Rights Policy at the University of Erlangen and Former UN Rapporteur on Freedom of Religion or Belief
'The workplace has become a site of tension for the relationship between religion and other claims of the liberal state, whether those be the rights of others or the economic imperatives of employers. Arguing for the introduction of the notion of 'reasonable accommodation' for the benefit of religious employees, she draws on a range of legal, theoretical and empirical sources to substantiate her claim that this is the best way for European countries to deal with the reality of religious pluralism. This work will become a significant reference point in this ongoing and important debate.' Carolyn Evans, Harrison Moore Professor of Law, Melbourne Law School
'In this major work of scholarship, which adds substantial insights to the blossoming field of law and religion at a critical time, Katayoun Alidadi shows undeniable courage in unambiguously advancing the idea that only a radical openness to religious and ideological diversity will enable European societies to ensure a prosperous, sustainable and economically competitive future in an increasingly mobile and globalised world.' From the foreword by Marie-Claire Foblets, Director of the Max Planck Institute for Social Anthropology, Halle, Germany
'...a timely, expansive, and tremendously important book which offers a smart, sophisticated examination of divisive issues. Alidadi presents her thought-provoking argument in a balanced and compelling fashion.... The case for reasonable accommodation may very well provoke opposition in the current socio-political European context. But there can be no doubt that this rich study will have an impact on any future academic discussion on the accommodation of religious diversity in the workplace.' Rik Torfs, Professor of Canon Law and University Chancellor Catholic University of Leuven, Belgium
'Alidadi's work will rapidly emerge as the premier study of religion in the workplace. Drawing on extensive empirical and legal research, she provides a powerful analysis pointing to the crucial importance of reasonable accommodation as a vital solution not only in employment settings, but in the larger context of our increasingly diverse societies.' W. Cole Durham, Jr., Founding Director, International Center for Law and Religion Studies, Brigham Young University Law School
As genetic technologies advance, genetic testing may well offer the prospect of detecting the onset of future disabilities. Some research also forwards that certain behavioural profiles may have a strong genetic basis, such as the determination to succeed, or the propensity for risk-taking. As this technology becomes more prevalent, there is a danger that genetic information may be misused by third parties and that particular genetic profiles may be discriminated against by employers, by providers of social goods and services, such as insurance companies and even by educational facilities.
This book explores the different forms and potential uses of genetic testing. Drawing together leading experts in disability law, bioethics, health law and a range of related fields, it highlights the ethical and legal challenges arising as a result of emerging and rapidly advancing genetic science. On examining transatlantic perspectives on the matter, chapters in the book ask whether the US Genetic Information Nondiscrimination Act (GINA) is proving to be an effective tool in addressing the issue of genetic discrimination and alleviating fears of discrimination. The book also reviews what insights may be gained from GINA within employment and health insurance contexts, and asks how the UN Convention on the Rights of Persons with Disabilities (CRPD) may impact similar debates within the European Union. The book focuses particularly on the legislative and policy framework in the European Union, with an emphasis on the gaps in protection and the scope for specific legislative action in this area.
This book will be of great interest to scholars and students of discrimination law, bioethics and disability law, and will be of considerable use to legal practitioners, medical practitioners and policy-makers in this area.
Автор: Aileen McColgan Название: Discrimination, Equality and the Law ISBN: 1509904999 ISBN-13(EAN): 9781509904990 Издательство: Bloomsbury Academic Рейтинг: Цена: 4434.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Now available in paperback, this book explores some of the conceptual questions which underpin the legal disputes that arise in relation to equality and discrimination. Among these are questions about: the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination * symmetrical and asymmetrical approaches to equality/non-discrimination * the role of comparators in discrimination/equality analysis * the selection of protected characteristics and the proper sphere of statutory and constitutional protections * the scope for and regulation of potential conflicts between protected grounds. The book engages with domestic case law, EU case law, and case law of the European Court of Human Rights, along with wider international approaches. It will be an interesting study for all those working in the fields of discrimination and human rights. (Series: Human Rights Law in Perspective) Subject: Human Rights Law, Labor Law, Comparative Law]
Автор: Aileen McColgan Название: Discrimination, Equality and the Law ISBN: 1841134414 ISBN-13(EAN): 9781841134413 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This monograph explores some of the conceptual issues which underpin the legal disputes which arise in relation to equality and discrimination.
Автор: Iyiola Solanke Название: Discrimination as Stigma: A Theory of Anti-discrimination Law ISBN: 1849467382 ISBN-13(EAN): 9781849467384 Издательство: Bloomsbury Academic Рейтинг: 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]
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.
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