Basic Equality and Discrimination - Reconciling Theory and Law (Paperback)

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.

General

Imprint:	Routledge
Country of origin:	United Kingdom
Release date:	November 2016
First published:	2011
Authors:	Nicholas Mark Smith
Dimensions:	234 x 156mm (L x W)
Format:	Paperback
Pages:	240
ISBN-13:	978-1-138-27724-3
Categories:	Books > Social sciences > Politics & government > Political science & theory Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law Books > Social sciences > Sociology, social studies > Social institutions > General Books > Social sciences > Sociology, social studies > Social issues > General Books > Law > International law > Public international law > International human rights law Books > Law > Laws of other jurisdictions & general law > Social law > General Books > Humanities > Philosophy > Topics in philosophy > Ethics & moral philosophy > General Books > Philosophy > Topics in philosophy > Ethics & moral philosophy > General
LSN:	1-138-27724-X
Barcode:	9781138277243

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