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Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.
Book Synopsis Philosophical Foundations of Discrimination Law by : Deborah Hellman
Download or read book Philosophical Foundations of Discrimination Law written by Deborah Hellman and published by Philosophical Foundations of L. This book was released on 2013-10 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.
Discrimination is still not sufficiently addressed within liberal democracies. Often only some groups are protected against discrimination and merely in certain situations. This leaves many who suffer because of discrimination without recourse. And that is only one of the dilemmas with group-based approaches to the protection against discrimination. So why are these approaches so common? And can we find a viable alternative? In this new book, legal scholar Erwin Dijkstra answers these questions. His analysis is thorough, original, and thought-provoking. This makes Discrimination and the Foundation of Justiceindispensable for anyone who seeks a better understanding of discrimination law, the relevant human rights context, and the debate on improving the protection against discrimination. That debate is brought to life through a thoughtful discussion of hotly debated topics like hate speech, affirmative action, and institutions that speak out against discrimination. As discrimination concerns us all, this book was written as a resource for all. It is meant to be read by those studying discrimination law professionally and the broader public alike.
Book Synopsis Discrimination and the Foundation of Justice by : Erwin Dijkstra
Download or read book Discrimination and the Foundation of Justice written by Erwin Dijkstra and published by Eleven International Publishing. This book was released on 2023-06-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discrimination is still not sufficiently addressed within liberal democracies. Often only some groups are protected against discrimination and merely in certain situations. This leaves many who suffer because of discrimination without recourse. And that is only one of the dilemmas with group-based approaches to the protection against discrimination. So why are these approaches so common? And can we find a viable alternative? In this new book, legal scholar Erwin Dijkstra answers these questions. His analysis is thorough, original, and thought-provoking. This makes Discrimination and the Foundation of Justiceindispensable for anyone who seeks a better understanding of discrimination law, the relevant human rights context, and the debate on improving the protection against discrimination. That debate is brought to life through a thoughtful discussion of hotly debated topics like hate speech, affirmative action, and institutions that speak out against discrimination. As discrimination concerns us all, this book was written as a resource for all. It is meant to be read by those studying discrimination law professionally and the broader public alike.
Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.
Book Synopsis A Theory of Discrimination Law by : Tarunabh Khaitan
Download or read book A Theory of Discrimination Law written by Tarunabh Khaitan and published by OUP Oxford. This book was released on 2015-05-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Book Synopsis A Theory of Justice by : John RAWLS
Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
For nearly a decade, Teaching for Diversity and Social Justice has been the definitive sourcebook of theoretical foundations and curricular frameworks for social justice teaching practice. This thoroughly revised second edition continues to provide teachers and facilitators with an accessible pedagogical approach to issues of oppression in classrooms. Building on the groundswell of interest in social justice education, the second edition offers coverage of current issues and controversies while preserving the hands-on format and inclusive content of the original. Teaching for Diversity and Social Justice presents a well-constructed foundation for engaging the complex and often daunting problems of discrimination and inequality in American society. This book includes a CD-ROM with extensive appendices for participant handouts and facilitator preparation.
Book Synopsis Teaching for Diversity and Social Justice by : Maurianne Adams
Download or read book Teaching for Diversity and Social Justice written by Maurianne Adams and published by Routledge. This book was released on 2007-05-11 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly a decade, Teaching for Diversity and Social Justice has been the definitive sourcebook of theoretical foundations and curricular frameworks for social justice teaching practice. This thoroughly revised second edition continues to provide teachers and facilitators with an accessible pedagogical approach to issues of oppression in classrooms. Building on the groundswell of interest in social justice education, the second edition offers coverage of current issues and controversies while preserving the hands-on format and inclusive content of the original. Teaching for Diversity and Social Justice presents a well-constructed foundation for engaging the complex and often daunting problems of discrimination and inequality in American society. This book includes a CD-ROM with extensive appendices for participant handouts and facilitator preparation.
All of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have 'hollowed out' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projects central to civil society.
Book Synopsis Civil Rights by : Robin West
Download or read book Civil Rights written by Robin West and published by Cambridge University Press. This book was released on 2019-08 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: All of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have 'hollowed out' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projects central to civil society.
Many racial and ethnic groups in the United States, including blacks, Hispanics, Asians, American Indians, and others, have historically faced severe discriminationâ€"pervasive and open denial of civil, social, political, educational, and economic opportunities. Today, large differences among racial and ethnic groups continue to exist in employment, income and wealth, housing, education, criminal justice, health, and other areas. While many factors may contribute to such differences, their size and extent suggest that various forms of discriminatory treatment persist in U.S. society and serve to undercut the achievement of equal opportunity. Measuring Racial Discrimination considers the definition of race and racial discrimination, reviews the existing techniques used to measure racial discrimination, and identifies new tools and areas for future research. The book conducts a thorough evaluation of current methodologies for a wide range of circumstances in which racial discrimination may occur, and makes recommendations on how to better assess the presence and effects of discrimination.
Book Synopsis Measuring Racial Discrimination by : National Research Council
Download or read book Measuring Racial Discrimination written by National Research Council and published by National Academies Press. This book was released on 2004-07-24 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many racial and ethnic groups in the United States, including blacks, Hispanics, Asians, American Indians, and others, have historically faced severe discriminationâ€"pervasive and open denial of civil, social, political, educational, and economic opportunities. Today, large differences among racial and ethnic groups continue to exist in employment, income and wealth, housing, education, criminal justice, health, and other areas. While many factors may contribute to such differences, their size and extent suggest that various forms of discriminatory treatment persist in U.S. society and serve to undercut the achievement of equal opportunity. Measuring Racial Discrimination considers the definition of race and racial discrimination, reviews the existing techniques used to measure racial discrimination, and identifies new tools and areas for future research. The book conducts a thorough evaluation of current methodologies for a wide range of circumstances in which racial discrimination may occur, and makes recommendations on how to better assess the presence and effects of discrimination.
From the publisher. Comprehensive and balanced, The Color of Justice is the definitive book on current research and theories of racial and ethnic discrimination within America's Criminal Justice system. The best and the most recent research on patterns of criminal behavior and victimization, police practices, court processing and sentencing, the death penalty, and correctional programs are covered giving students the facts and theoretical foundation they need to make their own informed decisions about discrimination in the system. Uniquely unbiased, The Color of Justice makes every effort to incorporate discussion of all major race groups found in the United States.
Book Synopsis The Color of Justice by : Samuel Walker
Download or read book The Color of Justice written by Samuel Walker and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the publisher. Comprehensive and balanced, The Color of Justice is the definitive book on current research and theories of racial and ethnic discrimination within America's Criminal Justice system. The best and the most recent research on patterns of criminal behavior and victimization, police practices, court processing and sentencing, the death penalty, and correctional programs are covered giving students the facts and theoretical foundation they need to make their own informed decisions about discrimination in the system. Uniquely unbiased, The Color of Justice makes every effort to incorporate discussion of all major race groups found in the United States.
"From one of the most brilliant and influential lawyers of our time comes an unforgettable true story about the redeeming potential of mercy. Bryan Stevenson was a gifted young attorney when he founded the Equal Justice Initiative, a legal practice dedicated to defending the poor, the wrongly condemned, and those trapped in the furthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man sentenced to die for a notorious murder he didn't commit. The case drew Stevenson into a tangle of conspiracy, political machination, and legal brinksmanship - and transformed his understanding of mercy and justice forever."--Back cover.
Book Synopsis Just Mercy by : Bryan Stevenson
Download or read book Just Mercy written by Bryan Stevenson and published by . This book was released on 2015 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: "From one of the most brilliant and influential lawyers of our time comes an unforgettable true story about the redeeming potential of mercy. Bryan Stevenson was a gifted young attorney when he founded the Equal Justice Initiative, a legal practice dedicated to defending the poor, the wrongly condemned, and those trapped in the furthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man sentenced to die for a notorious murder he didn't commit. The case drew Stevenson into a tangle of conspiracy, political machination, and legal brinksmanship - and transformed his understanding of mercy and justice forever."--Back cover.
In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to whichpeople live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront foundational issues about health and justice. How much inequality in health can a just society tolerate? In aworld filled with inequalities in health and well-being, which inequalities matter most and are the most morally urgent to address? In order to answer these questions, Powers and Faden develop a unique theory of social justice that, while developed for the specific contexts of public health andhealth policy, applies equally well to other realms of social policy including education and economic development. The book includes a careful comparison of Powers' and Fadens' approach to social justice with those of other theorists, including notably Rawls, Sen and Nussbaum. With their eyes firmlyfixed on the injustices of this world and what is known about their causal determinants, Powers and Faden place a six dimensional theory of well-being at the heart of their theory of justice. They then explore the implications of this theory for public health, the medical market place, and thesetting of priorities in health policy. In the process, they arrive at arresting conclusion about the moral foundations of public health, childhood, the relevance of social groups to questions of justice, and the proper role for economic analysis in social policy. The audience for the book isscholars and students of bioethics and moral and political philosophy, as well as anyone interested in public health and health policy.
Book Synopsis Social Justice by : Madison Powers
Download or read book Social Justice written by Madison Powers and published by Oxford University Press, USA. This book was released on 2006 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to whichpeople live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront foundational issues about health and justice. How much inequality in health can a just society tolerate? In aworld filled with inequalities in health and well-being, which inequalities matter most and are the most morally urgent to address? In order to answer these questions, Powers and Faden develop a unique theory of social justice that, while developed for the specific contexts of public health andhealth policy, applies equally well to other realms of social policy including education and economic development. The book includes a careful comparison of Powers' and Fadens' approach to social justice with those of other theorists, including notably Rawls, Sen and Nussbaum. With their eyes firmlyfixed on the injustices of this world and what is known about their causal determinants, Powers and Faden place a six dimensional theory of well-being at the heart of their theory of justice. They then explore the implications of this theory for public health, the medical market place, and thesetting of priorities in health policy. In the process, they arrive at arresting conclusion about the moral foundations of public health, childhood, the relevance of social groups to questions of justice, and the proper role for economic analysis in social policy. The audience for the book isscholars and students of bioethics and moral and political philosophy, as well as anyone interested in public health and health policy.
