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Books > Law > International law > Private international law & conflict of laws
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From Formal to Material Equality - Comparative Perspectives from History, Plurality of Disciplines and Theory (Paperback)
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From Formal to Material Equality - Comparative Perspectives from History, Plurality of Disciplines and Theory (Paperback)
Series: European Contract Law and Theory, 6
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Equality has been seen as the core of any quest of justice since
Aristotle's Nicomachian Ethics. Reaching not only situational
equality, but equality in status, however, had not been achieved
until modern times. The father of ethics and his systematic enquiry
into the concept of justice did not have any problems with
foreigners without rights, women as second-class citizens and
enslaving people - nor did antiquity at large, medieval era or even
the high renaissance. While suum cuique (treating equal issues
equally and unequal issues unequally) had been in place since
antiquity and Cicero, personal status still had to wait to be
recognised as a target of equality concerns. Related to this, no
agenda was designed for achieving a paradigm reaching beyond mere
formal equality, which only implies treating same things formally
the same, and the material quest for equality has come to the fore
as a vision only very recently. This book explores these issues -
from general equality to equality also in personal status, hence
also anti-discrimination, and the change from formal to material
concepts of equality - in time and in theoretical approaches. In
time, it describes firstly how the equality of indigenous people in
Latin America was originally developed as a postulate on the basis
of the Bible (all men are similar to God) and from that also as a
postulate of equality in law. It further describes how this
postulate became a rule of natural law and then a powerful
political value, also for the masses and daily reality, in the
French Revolution (and in the US), then as posited law. In the
theory and history of philosophical thought, two questions are
discussed in particular. The first is how and whether 'more
material protection' cannot only be conceived for freedom at all,
but as well for equality, even if it is so contingent in times and
diverse societies ('what is equal')? The second is whether - beyond
personal status - an absolute equality right exists nowadays,
namely absolutely equal dignity for human beings? This discussion
is followed by how to integrate equality into economics, so
targeted towards differentiation in all matters, and efficiency of
selection. It is further followed by how sociology's prime quest
nowadays might well be the very core of the question: the search
for more material protection, namely against systemic
discriminations, and such a search even in the toughest contexts
such as digitalization.
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