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Author: Stuart Goosey
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Stuart Goosey
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Stuart Goosey
Publisher: Bloomsbury Publishing
ISBN: 1509933778
Category : Law
Languages : en
Pages : 346
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Book Description
This book provides a comprehensive theory of age discrimination that can guide the direct and indirect age discrimination provisions of the Equality Act 2010. The Act holds that unequal treatment on the grounds of age and measures that are on their face age-neutral but have the effect of disadvantaging particular age groups are lawful only if the treatment can be shown either to be a 'proportionate means of achieving a legitimate aim' or if the treatment fits into a specifically prescribed exception. In this way, the proportionality test distinguishes justified and unjustified age-differential treatment with only the former legally permissible. This book outlines and defends a pluralist theory of age discrimination that assists in making the distinction between justified and unjustified age-differential treatment. The theory identifies the principles that explain when and why age-differential treatment wrongs people and the principles that can justify this treatment. It is a pluralist theory because it recognises that age-differential treatment can wrong people for a number of different, overlapping reasons, and these different reasons should inform how we apply age discrimination law. The pluralist approach to age discrimination theory can improve legal reasoning in age discrimination cases by articulating the relevant principles and competing interests that are at stake in age discrimination claims. In constructing the theory, the book adopts the reflective equilibrium method. This requires that we examine our initial moral beliefs about age discrimination by seeking coherence with beliefs we have about similar moral and philosophical issues and revising the initial beliefs as a result of challenges to them. In applying this method, the book identifies the following five principles to form a pluralist theory of age discrimination: equality of opportunity, social equality, respect, autonomy and efficiency.
Author: Sue Thompson
Publisher: Russell House Publishing Limited
ISBN:
Category : Social Science
Languages : en
Pages : 108
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Book Description
'Age Discrimination' is part of the 'Theory Into Practice' series. This series fills a significant gap in the market for short, user-friendly texts, written by experts, that succinctly introduce sets of theoretical ideas, relate them clearly to practice issues, and guide the reader to further learning.
Author: Sue Westwood
Publisher: Edward Elgar Publishing
ISBN: 1803925299
Category : Law
Languages : en
Pages : 615
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Book Description
In an era where the population is rapidly ageing, this timely Research Handbook addresses the wide-ranging social and legal issues concerning older people.
Author: Sophia Moreau
Publisher: Oxford University Press, USA
ISBN: 0190927305
Category : Law
Languages : en
Pages : 277
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Book Description
This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaints by thinking of them as complaints about different ways in which they have not been treated as equals in their societies--in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good, that is, a good that this person must have access to if they are to be, and to be seen as, an equal in their society. The book devotes a chapter to each of these wrongs, exploring in detail what unfair subordination consists of; what deliberative freedoms are, and when each of us has a right to them; and what it means to deny someone access to a basic good. The author explains why these wrongs are each distinctive, but are each a different way of failing to treat some people as the equals of others. Finally the author argues that both the state and we as individuals have a duty to treat others as equals, in these three specific senses.
Author: Stefan Grundmann
Publisher: Cambridge University Press
ISBN: 1108486509
Category : Law
Languages : en
Pages : 553
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Book Description
New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.
Author: B. Bergmann
Publisher: Springer
ISBN: 1403982589
Category : Social Science
Languages : en
Pages : 262
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Book Description
This new edition of a classic feminist book explains how one of the great historical revolutions - the ongoing movement toward equality between the sexes - has come about. Its origins are to be found, not in changing ideas, but in the economic developments that have made women's labour too valuable to be spent exclusively in domestic pursuits. The revolution is unfinished; new arrangements are needed to fight still-prevalent discrimination in the workplace, to achieve a more just sharing of housework and childcare between women and men, and, with the weakening of the institution of marriage, to re-erect a firm economic basis for the raising of children.
Author: John D. Inazu
Publisher: University of Chicago Press
ISBN: 022659243X
Category : Law
Languages : en
Pages : 187
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Book Description
In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment? In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—strive to live together peaceably despite our deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties and differing viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion. With a new preface that addresses the election of Donald Trump, the decline in civic discourse after the election, the Nazi march in Charlottesville, and more, this new edition of Confident Pluralism is an essential clarion call during one of the most troubled times in US history. Inazu argues for institutions that can work to bring people together as well as political institutions that will defend the unprotected. Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and differences and provides a path forward to a healthier future of tolerance, humility, and patience.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1560
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Book Description
Author: Claudio Corradetti
Publisher: Springer Science & Business Media
ISBN: 140209986X
Category : Law
Languages : en
Pages : 181
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Book Description
When he nished writing, he raised his eyes and looked at me. From that day I have thought about Doktor Pannwitz many times and in many ways. I have asked myself how he really functioned as a man; how he lled his time, outside of the Polymerization and the Indo- Germanic conscience; above all when I was once more a free man, I wanted to meet him again, not from a spirit of revenge, but merely from a personal curiosity about the human soul. Because that look was not one between two men; and if I had known how completely to explain the nature of that look, which came as if across the glass window of an aquarium between two beings who live in different worlds, I would also have explained the essence of the great insanity of the third Germany. PRIMO LEVI [If this is a man, pp. 111–112, in, If this is a man and The truce, trans. S. Woolf, Abacus, London, 1987] If all propositions, even the contingent ones, are resolved into identical propositions, are they not all necessary? My answer is: certainly not. For even if it is certain that what is more perfect is what will exist, the less perfect is nevertheless still possible. In propositions of fact, existence is involved. LEIBNIZ [Samtlic ̈ he schriften und briefe vol VI pt 4 Deutsche Akademie der Wissenschaften, 1449A VI 4] We live in a rule-constrained world.
