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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.
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
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.
InPrejudicial Appearancesnoted legal scholar Robert C. Post argues that the true motivation behind anti-discrimination laws should be acknowledged: that they exist not to uphold the inherent dignity of persons but to change society, to make it better and more just. Claiming that the prevailing logic - that of upholding dignity - is misguided, Post lobbies against obscuring the laws' legitimate goals. Each of the four distinguished commentators who respond to Post's evocative essay brings a distinctive perspective to this re-conception. K. Anthony Appiah investigates the logic of stereotyping. Thomas C. Grey examines whether Post's proposal can be reconciled with the values of the rule of law. Questioning whether the law ought to endorse any concept of a social practice that defines persons, Judith Butler explores the tension between post-modern and deconstructive approaches to anti-discrimination. And Reva B. Siegel applies critical race theory to query whether anti-discrimination law's reshaping of race and gender should best be understood in terms of practices of subordination. By representing the variety of views that have been propagated in attempting to reconceive the thrust of anti-discrimination law, both students and scholars interested in the relationships among law, rhetoric, postmodernism, race, and gender will be enriched byPrejudicial Appearances.
The essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The essays examine conflicts in several countries, combine theoretical discussions with analysis of recent disputes and are accompanied by an introduction which provides a conceptual guide to the issues under discussion.
This work presents, interprets, & largely defends the legal philosophy of H.L.A. Hart, except for his account of causation. Hart is considered by many persons to be the most important English writer on jurisprudence in the 20th century. The book considers his general theory of law, his theory of rights & of the enforcement of morality, & his analysis of the conditions of legal resposibility & the justification of punishment.
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.