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Basic Equality and Discrimination - Reconciling Theory and Law (Hardcover, New Ed)
Loot Price: R4,519
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Basic Equality and Discrimination - Reconciling Theory and Law (Hardcover, New Ed)
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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.
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