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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.
This book examines the meaning of work for women in contemporary Indonesia. It takes a broad definition of work in order to interrogate assumptions about work and economic activity, focusing on what women themselves see as their work, which includes not only paid employment, home life and child care, but also activities surrounding ritual, healing and religious life. It analyses the key issues, including the contrasts between ‘new’ and ‘old’ forms of work, the relationship between experiences of migration and work, and the ways in which religion – especially Islam - shapes perceptions and practice of work. It discusses women’s work in a range of different settings, both rural and urban, and in different locations, covering Sumatra, Bali, Lombok, Java, Sulawesi and Kalimantan. A wide range of types of employment are considered: agricultural labour, industrial work and new forms of work in the tertiary sector such as media and tourism, demonstrating how capitalism, globalization and local culture together produce gendered patterns of work with particular statuses and identities. It address the question of the meaning and valuing of women’s ‘traditional’ work, be it agricultural labour, domestic work or other kinds of reproductive labour, challenging assumptions of women as ‘only’ mothers and housewives, and demonstrating how women can negotiate new definitions of ‘housewife’ by mobilizing kinship and village relations to transcend conventional categories such as wage labour and the domestic sphere. Overall, this book is an important study of the meaning of work for women in Indonesia.
As people of diverse origins seek their rights as citizens in the great American melting pot, the differences between us are sometimes celebrated but more often cursed. White Americans, too often forgetful of their own immigrant backgrounds, question whether initiatives like affirmative action that extend privileges to minorities violate the principle of equal treatment under the law.In this provocative book, David Ingram brings a variety of current social dilemmas together in a mutually illuminating way. He examines the concept of legal equality in a multiracial society by considering issues such as self-governance for Native Americans, the rights of immigrants, affirmative action, racial redistricting, and multicultural curricular reform. He also tackles the problem of social injustice in a global setting by assessing the negative impact of free trade policies on the rights of groups to subsistence, self-determination, and cultural integrity.Ingram steeps his presentation in theoretical discussions that investigate group versus individual rights, oppressed groups and social injustice, and the legitimacy of racial and cultural distinctions. He explores the legal treatment of difference to show how democratic institutions unintentionally perpetuate racial inequality and to determine how those institutions might be better structured to protect minorities.Taking in a broad sweep of economics, politics, and anthropology, Ingram examines social ideals in the light of historical facts in order to lend a concrete perspective to possibilities for reform. He makes a persuasive case for redressing wrongs of the past in a way that adheres to the principle of legal equality -- arguingthat initiatives like affirmative action are not reverse discrimination but satisfy the constitutional guarantee of equal protection -- and he suggests that libertarians need to acknowledge duties as much as they do rights.G
Since the end of the Cold War several political agreements have been signed in attempts to resolve longstanding conflicts in such volatile regions as Northern Ireland, Israel-Palestine, South Africa, and Rwanda. This is the first comprehensive volume that examines reconciliation, justice, and coexistence in the post-settlement context from the levels of both theory and practice. Mohammed Abu-Nimer has brought together scholars and practitioners who discuss questions such as: Do truth commissions work? What are the necessary conditions for reconciliation? Can political agreements bring reconciliation? How can indigenous approaches be utilized in the process of reconciliation? In addition to enhancing the developing field of peacebuilding by engaging new research questions, this book will give lessons and insights to policy makers and anyone interested in post-settlement issues.
This text examines the relationship between the idea of legitimacy of law in a democratic system and equality. It seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy.
Reflecting the dominate theme of workplace equality, the authors go beyond this general consensus to affirm that the fundamental purpose of laws prohibiting employment discrimination is to implement the national civil rights policy. Organized around an examination of the reach and limits of laws, the book scrutinizes the federal statutory protection against employment discrimination. Constitutional provisions and state laws are included where appropriate. In addition, this new edition extensively uses scholarship drawn from the work of critical race theorists and feminist legal scholars. It also has materials on the law and economics approach to employment discrimination.

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