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A Pluralist Theory Of Age Discrimination
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Book Synopsis A Pluralist Theory of Age Discrimination by : Stuart Goosey
Download or read book A Pluralist Theory of Age Discrimination written by Stuart Goosey and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive theory of age discrimination that can guide the direct and indirect age discrimination provisions of the Equality Act 2010. The Act holds that unequal treatment on the grounds of age and measures that are on their face age-neutral but have the effect of disadvantaging particular age groups are lawful only if the treatment can be shown either to be a 'proportionate means of achieving a legitimate aim' or if the treatment fits into a specifically prescribed exception. In this way, the proportionality test distinguishes justified and unjustified age-differential treatment with only the former legally permissible. This book outlines and defends a pluralist theory of age discrimination that assists in making the distinction between justified and unjustified age-differential treatment. The theory identifies the principles that explain when and why age-differential treatment wrongs people and the principles that can justify this treatment. It is a pluralist theory because it recognises that age-differential treatment can wrong people for a number of different, overlapping reasons, and these different reasons should inform how we apply age discrimination law. The pluralist approach to age discrimination theory can improve legal reasoning in age discrimination cases by articulating the relevant principles and competing interests that are at stake in age discrimination claims. In constructing the theory, the book adopts the reflective equilibrium method. This requires that we examine our initial moral beliefs about age discrimination by seeking coherence with beliefs we have about similar moral and philosophical issues and revising the initial beliefs as a result of challenges to them. In applying this method, the book identifies the following five principles to form a pluralist theory of age discrimination: equality of opportunity, social equality, respect, autonomy and efficiency.
Book Synopsis A Pluralist Theory of Age Discrimination by : Stuart Goosey
Download or read book A Pluralist Theory of Age Discrimination written by Stuart Goosey and published by Hart Publishing. This book was released on 2022-10-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive theory of age discrimination that can guide the direct and indirect age discrimination provisions of the Equality Act 2010. The Act holds that unequal treatment on the grounds of age and measures that are on their face age-neutral but have the effect of disadvantaging particular age groups are lawful only if the treatment can be shown either to be a 'proportionate means of achieving a legitimate aim' or if the treatment fits into a specifically prescribed exception. In this way, the proportionality test distinguishes justified and unjustified age-differential treatment with only the former legally permissible. This book outlines and defends a pluralist theory of age discrimination that assists in making the distinction between justified and unjustified age-differential treatment. The theory identifies the principles that explain when and why age-differential treatment wrongs people and the principles that can justify this treatment. It is a pluralist theory because it recognises that age-differential treatment can wrong people for a number of different, overlapping reasons, and these different reasons should inform how we apply age discrimination law. The pluralist approach to age discrimination theory can improve legal reasoning in age discrimination cases by articulating the relevant principles and competing interests that are at stake in age discrimination claims. In constructing the theory, the book adopts the reflective equilibrium method. This requires that we examine our initial moral beliefs about age discrimination by seeking coherence with beliefs we have about similar moral and philosophical issues and revising the initial beliefs as a result of challenges to them. In applying this method, the book identifies the following five principles to form a pluralist theory of age discrimination: equality of opportunity, social equality, respect, autonomy and efficiency.
Book Synopsis Research Handbook on Law, Society and Ageing by : Sue Westwood
Download or read book Research Handbook on Law, Society and Ageing written by Sue Westwood and published by Edward Elgar Publishing. This book was released on 2024-08-06 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era where the population is rapidly ageing, this timely Research Handbook addresses the wide-ranging social and legal issues concerning older people.
Book Synopsis Faces of Inequality by : Sophia Reibetanz Moreau
Download or read book Faces of Inequality written by Sophia Reibetanz Moreau and published by . This book was released on 2020 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book defends an original and pluralist theory of when and why discrimination wrongs people, in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good.
Book Synopsis The Economic Emergence of Women by : B. Bergmann
Download or read book The Economic Emergence of Women written by B. Bergmann and published by Springer. This book was released on 2005-09-16 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of a classic feminist book explains how one of the great historical revolutions - the ongoing movement toward equality between the sexes - has come about. Its origins are to be found, not in changing ideas, but in the economic developments that have made women's labour too valuable to be spent exclusively in domestic pursuits. The revolution is unfinished; new arrangements are needed to fight still-prevalent discrimination in the workplace, to achieve a more just sharing of housework and childcare between women and men, and, with the weakening of the institution of marriage, to re-erect a firm economic basis for the raising of children.
Book Synopsis New Private Law Theory by : Stefan Grundmann
Download or read book New Private Law Theory written by Stefan Grundmann and published by Cambridge University Press. This book was released on 2021-03-18 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.
Book Synopsis Philosophical Foundations of Discrimination Law by : Deborah Hellman
Download or read book Philosophical Foundations of Discrimination Law written by Deborah Hellman and published by . This book was released on 2013-10 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.
Book Synopsis Age as an Equality Issue by : Sandra Fredman
Download or read book Age as an Equality Issue written by Sandra Fredman and published by Hart Publishing. This book was released on 2003-07 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on the emerging legal issues surrounding age discrimination and moves to create equality in the EU and UK.
Book Synopsis Analyzing Oppression by : Ann E. Cudd
Download or read book Analyzing Oppression written by Ann E. Cudd and published by Oxford University Press. This book was released on 2006 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing Oppression presents a new, integrated theory of social oppression, which tackles the fundamental question that no theory of oppression has satisfactorily answered: if there is no natural hierarchy among humans, why are some cases of oppression so persistent? Cudd argues that the explanation lies in the coercive co-opting of the oppressed to join in their own oppression. This answer sets the stage for analysis throughout the book, as it explores the questions of how and why the oppressed join in their oppression. Cudd argues that oppression is an institutionally structured harm perpetrated on social groups by other groups using direct and indirect material, economic, and psychological force. Among the most important and insidious of the indirect forces is an economic force that operates through oppressed persons' own rational choices. This force constitutes the central feature of analysis, and the book argues that this force is especially insidious because it conceals the fact of oppression from the oppressed and from others who would be sympathetic to their plight. The oppressed come to believe that they suffer personal failings and this belief appears to absolve society from responsibility. While on Cudd's view oppression is grounded in material exploitation and physical deprivation, it cannot be long sustained without corresponding psychological forces. Cudd examines the direct and indirect psychological forces that generate and sustain oppression. She discusses strategies that groups have used to resist oppression and argues that all persons have a moral responsibility to resist in some way. In the concluding chapter Cudd proposes a concept of freedom that would be possible for humans in a world that is actively opposing oppression, arguing that freedom for each individual is only possible when we achieve freedom for all others.
Download or read book Current Law Index written by and published by . This book was released on 2007 with total page 1560 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Confident Pluralism by : John D. Inazu
Download or read book Confident Pluralism written by John D. Inazu and published by University of Chicago Press. This book was released on 2018-08-03 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment? In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—strive to live together peaceably despite our deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties and differing viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion. With a new preface that addresses the election of Donald Trump, the decline in civic discourse after the election, the Nazi march in Charlottesville, and more, this new edition of Confident Pluralism is an essential clarion call during one of the most troubled times in US history. Inazu argues for institutions that can work to bring people together as well as political institutions that will defend the unprotected. Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and differences and provides a path forward to a healthier future of tolerance, humility, and patience.
Book Synopsis Affirmative Advocacy by : Dara Z. Strolovitch
Download or read book Affirmative Advocacy written by Dara Z. Strolovitch and published by University of Chicago Press. This book was released on 2008-09-15 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States boasts scores of organizations that offer crucial representation for groups that are marginalized in national politics, from women to racial minorities to the poor. Here, in the first systematic study of these organizations, Dara Z. Strolovitch explores the challenges and opportunities they face in the new millennium, as waning legal discrimination coincides with increasing political and economic inequalities within the populations they represent. Drawing on rich new data from a survey of 286 organizations and interviews with forty officials, Strolovitch finds that groups too often prioritize the interests of their most advantaged members: male rather than female racial minorities, for example, or affluent rather than poor women. But Strolovitch also finds that many organizations try to remedy this inequity, and she concludes by distilling their best practices into a set of principles that she calls affirmative advocacy—a form of representation that aims to overcome the entrenched but often subtle biases against people at the intersection of more than one marginalized group. Intelligently combining political theory with sophisticated empirical methods, Affirmative Advocacy will be required reading for students and scholars of American politics.
Book Synopsis Relativism and Human Rights by : Claudio Corradetti
Download or read book Relativism and Human Rights written by Claudio Corradetti and published by Springer Science & Business Media. This book was released on 2009-04-15 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: When he nished writing, he raised his eyes and looked at me. From that day I have thought about Doktor Pannwitz many times and in many ways. I have asked myself how he really functioned as a man; how he lled his time, outside of the Polymerization and the Indo- Germanic conscience; above all when I was once more a free man, I wanted to meet him again, not from a spirit of revenge, but merely from a personal curiosity about the human soul. Because that look was not one between two men; and if I had known how completely to explain the nature of that look, which came as if across the glass window of an aquarium between two beings who live in different worlds, I would also have explained the essence of the great insanity of the third Germany. PRIMO LEVI [If this is a man, pp. 111–112, in, If this is a man and The truce, trans. S. Woolf, Abacus, London, 1987] If all propositions, even the contingent ones, are resolved into identical propositions, are they not all necessary? My answer is: certainly not. For even if it is certain that what is more perfect is what will exist, the less perfect is nevertheless still possible. In propositions of fact, existence is involved. LEIBNIZ [Samtlic ̈ he schriften und briefe vol VI pt 4 Deutsche Akademie der Wissenschaften, 1449A VI 4] We live in a rule-constrained world.
Book Synopsis The Return of the Political by : Chantal Mouffe
Download or read book The Return of the Political written by Chantal Mouffe and published by Verso Books. This book was released on 2020-04-07 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Mouffe argues that liberal democracy misunderstands the problems of ethnic, religious and nationalist conflicts because of its inadequate conception of politics. He suggests that the democratic revolution may be jeopardized by a lack of understanding of citizenship, community and pluralism. Mouffe examines the work of Schmidt and Rawls and explores feminist theory, in an attempt to place the project of radical and plural democracy on a more adequate foundation than is provided by liberal theory.
Book Synopsis I'm Not Racist But ... 40 Years of the Racial Discrimination Act by : Tim Soutphommasane
Download or read book I'm Not Racist But ... 40 Years of the Racial Discrimination Act written by Tim Soutphommasane and published by NewSouth. This book was released on 2015-06-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is Australia a 'racist' country? Why do issues of race and culture seem to ignite public debate so readily? Tim Soutphommasane, Australia's Race Discrimination Commissioner, reflects on the national experience of racism and the progress that has been made since the introduction of the Racial Discrimination Act in 1975. As the first federal human rights and discrimination legislation, the Act was a landmark demonstration of Australia's commitment to eliminating racism. Published to coincide with the Act's fortieth anniversary, this book gives a timely and incisive account of the history of racism, the limits of free speech, the dimensions of bigotry and the role of legislation in our society's response to discrimination. With contributions by Maxine Beneba Clarke, Bindi Cole Chocka, Benjamin Law, Alice Pung and Christos Tsiolkas.
Book Synopsis Though All Things Differ by : Eva Wollenberg
Download or read book Though All Things Differ written by Eva Wollenberg and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Guide to Policies for the Well-being of All in Pluralist Societies by : Council of Europe
Download or read book Guide to Policies for the Well-being of All in Pluralist Societies written by Council of Europe and published by Council of Europe. This book was released on 2010-01-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide offers theoretical and practical tools for an innovative approach to a key political issue: how, along with our immigrant fellow-citizens, can we build a fair and plural society that ensures the well-being or all? By moving beyond rigid categories like "foreigner", "immigrant" and "illegal, and ambiguous concepts like "identity", "diversity, "immigration control and "integration", this guide suggests that policy makers, civil servants and citizens need to question their own vocabulary if they are to grasp the complexity and uniqueness or people's migration paths. Perceiving migrants simply from the host country's point or view - the security, well-being and life-style of its nationals - has limitations. We cannot see people of foreign origin only as a threat or a resource to be exploited. If we see them as stereotypes, we are seeing only a mirror of European fears and contradictory aspirations. This guide helps readers decode and address the structural problems of our society, looking at the accusations made against migrants And The utilitarian view or the advantages that immigrants bring to host societies. In publishing this guide, The Council or Europe is seeking to initiate an in-depth debate on the migration issue, which is so high on the European political agenda
