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Books > Law > Jurisprudence & general issues > Law & society
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Equality, Discrimination and the Law (Hardcover)
Loot Price: R4,571
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Equality, Discrimination and the Law (Hardcover)
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In identifying a number of 'fuzzy border' cases (notably where
pensionable age, pregnancy, residence, and marriage, are proxies
for unlawful discrimination), Equality, Discrimination and the Law
argues that the traditional notions of discrimination and
victimisation are inadequate to implement equality policy and
cannot represent fully the reality of discriminatory practices.
When Mr and Mrs James - each aged 61 - went swimming, Mr James was
charged for entry, while Mrs James was admitted free. The reason
was that the local authority offered free swimming to those of
'pensionable age' (at the time, 65 for men and 60 for women). The
House of Lords found that Mr James had suffered direct sex
discrimination. This majority plurality decision indicated that
sometimes a given set of facts does not neatly accord to
traditional definitions of discrimination. This in turn encourages
the judiciary to shape the law to fit the facts, which results in
an inconsistent body of law full of 'fuzzy borders'. Starting with
the James case, this book investigates a number of 'fuzzy border'
cases in the EU and UK based on nationality discrimination, notions
of indirect discrimination, pregnancy and sex discrimination,
marriage and sexual orientation discrimination, perceived
discrimination, and victimisation. The argument concludes that
fixed notions such as 'direct and indirect discrimination are
mutually exclusive' do not stand up to scrutiny and that it must be
recognised that the traditional concepts of discrimination and
victimisation do not reflect the reality of practice. This work is
essential reading for students, scholars and practitioners in all
EU and English-speaking jurisdictions, particularly post-graduates,
Policy/Law-makers, and those on dedicated equality undergraduate
courses.
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