Basic Equality and Discrimination: Reconciling Theory and Law

ISBN-13: 9781138277243 / Angielski / Miękka / 2016 / 240 str.

Nicholas Mark Smith

Opis

Basic Equality and Discrimination examines the justification, interpretation and application of discrimination law. In order to navigate the often dense and conflicted jurisprudence in this area, the work first considers equality as a moral and political concept, thus providing a clearer understanding of the nature of the value - equality - and illustrating the nature of the difficulties posed by constitutional and ordinary 'equality law'.

Recenzje

'The idea of Equality, Nicholas Smith observes in his insightful new book, Basic Equality and Discrimination, Reconciling Theory and Law, is both concrete and ambiguous at the same time... Smith carefully analyses the justifications and affects in the most philosophically and jurisprudentially problematic areas of public policy and law... The pragmatic, empirical and balanced nature of Smith’s thought is evident throughout the book.' Australian Journal of legal Philosophy

Spis treści

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;

O autorze

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.