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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 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.
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.
This text is designed specifically for the increasing number of students taking modules in Equality andDiversity, including those taking the CIPD specialist elective Managing Diversity and Equal Opportunities module. The authors' combined experience is used to offer a mixture of a strong practical focus and a clear academic approach to create a balance of theory and practice. This text is the only accessible, up-to-date and student-focused text in the market that specifically features this subject area.
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.
2.3.1. A sliding scale.

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