BASIC EQUALITY AND DISCRIMINATION by Nicholas Mark Smith ( 9781317176039 )

Item Details

Title:

BASIC EQUALITY AND DISCRIMINATION
RECONCILING THEORY AND LAW

By:

Format:

Electronic book text

List price:	£34.99
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ISBN 10:

1317176030

ISBN 13:

9781317176039

Publisher:

TAYLOR & FRANCIS LTD

Pub. date:

15 April, 2016

Pages:

240

Synopsis:

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.

Publication:

Imprint:

Routledge

Returns:

Non-returnable

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BASIC EQUALITY AND DISCRIMINATION