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Author: George Gerapetritis
Publisher: Springer
ISBN: 331922395X
Category : Law
Languages : en
Pages : 259
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Book Description
This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.
Author: George Gerapetritis
Publisher: Springer
ISBN: 331922395X
Category : Law
Languages : en
Pages : 259
Get Book
Book Description
This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.
Author: Julio Faúndez
Publisher: International Labour Organization
ISBN: 9789221087588
Category : Affirmative action programs
Languages : en
Pages : 76
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Book Description
C. Goals and timetables
Author: Ockert Dupper
Publisher: AFRICAN SUN MeDIA
ISBN: 192068946X
Category : Law
Languages : en
Pages : 288
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Book Description
Affirmative Action: A View from the Global South provides insight into a range of aspects of the affirmative action policies in seven countries from Africa, Asia, South America and the Middle East. In addition to these national perspectives, important theoretical concepts and international developments on affirmative action are explored.
Author: David S. Law
Publisher:
ISBN: 1108674267
Category : Law
Languages : en
Pages : 612
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Book Description
With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
Author: Katayoun Baghai
Publisher: Routledge
ISBN: 1317053478
Category : Law
Languages : en
Pages : 192
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Book Description
This book demonstrates the empirical gains and integrative potentials of social systems theory for the sociology of law. Against a backdrop of classical and contemporary sociological debates about law and society, it observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This allows close investigation of the US Supreme Court’s jurisprudence of rights, both in legal terms and in relation to structural transformations of modern society. The result is a thought-provoking account of conceptual and doctrinal developments concerning racial discrimination, race-based affirmative action, freedom of religion, and prohibition of its establishment, detailing the Court’s response to boundary tensions between functionally differentiated social systems. Preliminary examination of the European Court of Human Rights’ privacy jurisprudence suggests the pertinence of the analytic framework to other rights and jurisdictions. This contribution is particularly timely in the context of increasing appeals to fundamental rights around the world and the growing role of national and international high courts in determining their concrete meanings.
Author: Michel Rosenfeld
Publisher: Yale University Press
ISBN: 0300047819
Category : Business & Economics
Languages : en
Pages : 394
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Book Description
Rosenfeld seeks to integrate philosophical and constitutional approaches to affirmative action policies. He analyzes four liberal conceptions of justice--libertarian, contractarian, utilitarian, and egalitarian, and critiques the Supreme Court's ambiguous and inconsistent legacy on affirmative action and considers relationships between philosophical conceptions of justice and court doctrine. He concludes with an attempt to construct an alternative conception of affirmative action, based on the "dynamic relationship between equality as identity and equality as difference." Rosenfeld develops a philosophical defense of affirmative action based on a principle of "justice as reversible reciprocity." He argues that deficiencies in liberal positions can be overcome through recourse to a dialogical process involving a "reversal of perspectives" and the suppression of power-dominated strategic communication. ISBN 0-300-04781-9: $30.00.
Author: John W. Johnson
Publisher: Greenwood
ISBN: 0313338140
Category : Political Science
Languages : en
Pages : 0
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Book Description
Affirmative Action recounts the fascinating history of a civil rights provision considered vital to protecting and promoting equality, but still bitterly contested in the courts—and in the court of public opinion. "Special consideration" or "reverse discrimination"? This examination traces the genesis and development of affirmative action and the continuing controversy that constitutes the story of racial and gender preferences. It pays attention to the individuals, the events, and the ideas that spawned federal and selected state affirmative action policies—and the resistance to those policies. Perhaps most important, it probes the key legal challenges to affirmative action in the nation's courts. The controversy over affirmative action in America has been marked by a persistent tension between its advocates, who emphasize the necessity of overcoming historical patterns of racial and gender injustice, and its critics, who insist on the integrity of color and gender blindness. In the wake of related U.S. Supreme Court decisions of 2007, Affirmative Action brings the story of one of the most embattled public policy issues of the last half century up to date, demonstrating that social justice cannot simply be legislated into existence, nor can voices on either side of the debate be ignored.
Author: Ronald C. Den Otter
Publisher: Cambridge University Press
ISBN: 0521762049
Category : Law
Languages : en
Pages : 357
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Book Description
This book considers how judicial review can be improved to strike the appropriate balance between legislative and judicial power.
Author: John Fitzgerald Duffy
Publisher: American Bar Association
ISBN: 9781590314838
Category : Administrative agencies
Languages : en
Pages : 340
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Book Description
"This book provides a thorough overview of the law of judicial and political control of federal agencies. The primary focus is on the availability and scope of judicial review, but the book also discusses the control exercised by the U.S. president and Congress"--Provided by publisher.
Author: Barbara Ann Perry
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 234
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Book Description
A compelling look at the two closely-linked--and controversial--2003 Supreme Court decisions that revisited the practice and constitutionality of affirmative action at the college level. The result was a divided opinion that neither completely repudiated affirmative action nor completely condoned its practice.
