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Affirmative Action Policies and Judicial Review Worldwide (Hardcover, 1st ed. 2015)
Loot Price: R3,351
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Affirmative Action Policies and Judicial Review Worldwide (Hardcover, 1st ed. 2015)
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 47
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This book discusses affirmative action or positive discrimination,
defined as measures awarding privileges to certain groups that have
historically suffered discrimination or have been underrepresented
in specific social sectors. The book's underlying rationale is that
one cannot place at the same starting point people who have been
treated differently in the past because in this way one merely
perpetuates a state of difference and, in turn, social gaps are
exaggerated and social cohesion is endangered. Starting out with an
introduction on the meaning and typology of affirmative action
policies, the book goes on to emphasise the interaction of
affirmative action with traditional values of liberal state, such
as equality, meritocracy, democracy, justice, liberalism and
socialism. It reveals the affirmative action goals from a legal and
sociological point of view, examining the remedial, cultural,
societal, pedagogical and economy purposes of such action. After
applying an institutional narrative of the implementation of
affirmative action worldwide, the book explains the jurisprudence
on the issue through syntheses and antitheses of structural and
material variables, such as the institutional recognition of the
policies, the domains of their implementation and their
beneficiaries. The book eventually makes an analytical impact
assessment following the implementation of affirmative action plans
and the judicial response, especially in relation to the
conventional human rights doctrine, by establishing a liaison
between affirmative action and social and group rights.. The book
applies a multi-disciplinary and comparative methodology in order
to assess the ethical standing of affirmative action policies, the
public interests involved and their effectiveness towards actual
equality. In the light of the above analysis, the monograph
explains the arguments considering affirmative action as a theology
for substantive equality and the arguments treating this policy as
anathema for liberalism. A universal discussion currently at its
peak.
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