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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.
Equality or Discrimination? strives to close the gap in existing literature and address the often-neglected field of research on the discrimination of African Americans in the U.S. Armed Forces during the Vietnam War. Despite the awakened interest of academics, authors, artists, and experts from a multitude of fields and the vast selection of literature on the Vietnam War and its veterans, African Americans have received little attention until now. Based on initial findings, Dr. Kimbrough analyzes key issues including whether or not African Americans experienced racial discrimination while serving. The study also focuses on whether the Vietnam War was indeed the first fully integrated conflict in which the U.S. attempted to engage in militarily without racial division. The findings contradict the traditional image of equality in the U.S. Armed Forces and provide the basis for the dissertation. Proving that soldiers in the Vietnam War were NOT treated equally, Dr. Kimbrough argues that African Americans experienced various forms of discrimination during a tumultuous time in U.S. history in which the opposite treatment of its soldiers was required.
Equality and Discrimination Law in Australia: An Introduction adopts a groundbreaking approach in its delivery of equality and discrimination law principles. It analyses equality as a goal of the law, and acknowledges that to prevent discrimination modern laws must challenge the beliefs, practices, systems and structures that enable it.
2.3.1. A sliding scale.
Introduced into European Community law by the Court of Justice through its case law in the field of free movement of workers, the legal concept of indirect discrimination has evolved into one with far wider and greater relevance to many other areas of EC law as well. Nonetheless, today the very meaning of the concept and its practical implications are often far from well understood. This book analyses the concept of indirect discrimination in a broad and comparative context, which encompasses both economic and social law. The subject is approached in such a manner that scholars, practitioners, and merely interested readers can profit from the opportunity to examine the development of the legal concept of indirect discrimination as well as its relationship to other important concepts under EC law. The study asks and offers answers well informed by case law, legislation, and the views of other commentators to the issues: Why was such a legal concept as indirect discrimination called for originally? What did this concept mean then, and what does it mean today? Given the many developments that have taken place in the conceptual framework of EC law, does a need for the concept of indirect discrimination still exist today? Christa Tobler teaches European Community law at the Universities of Basel (Switzerland) and Leiden (the Netherlands). In her research work, she puts a particular emphasis on issues of legal equality and discrimination.
This monograph explores some of the conceptual questions which underpin the legal disputes which arise in relation to equality and discrimination. Among these are questions about the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination; symmetrical and asymmetrical approaches to equality/non-discrimination; the role of comparators in discrimination/equality analysis; the selection of protected characteristics and the proper sphere of statutory and constitutional protections, and the scope for and regulation of potential conflicts between protected grounds. The author engages with domestic, EU and ECtHR case law as well as with wider international approaches.

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