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Basic Equality and Discrimination

DOI link for Basic Equality and Discrimination

Basic Equality and Discrimination book

Reconciling Theory and Law

Basic Equality and Discrimination

DOI link for Basic Equality and Discrimination

Basic Equality and Discrimination book

Reconciling Theory and Law
ByNicholas Mark Smith
Edition 1st Edition
First Published 2011
eBook Published 15 April 2016
Pub. location London
Imprint Routledge
DOI https://doi.org/10.4324/9781315568768
Pages 240 pages
eBook ISBN 9781315568768
SubjectsHumanities, Law, Politics & International Relations, Social Sciences
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Smith, N. (2011). Basic Equality and Discrimination. London: Routledge, https://doi.org/10.4324/9781315568768

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.

TABLE OF CONTENTS

chapter 1|12 pages

Introduction

chapter 2|14 pages

Why Should We Speak of Equality?

chapter 3|18 pages

Why Do We Value Basic Equality?

chapter 4|11 pages

The Scope of Basic Equality

chapter 5|18 pages

Basic Equality and Other Values

chapter 6|14 pages

Denying Basic Equality

chapter 7|21 pages

Discrimination and Culture

chapter 8|30 pages

Equality’s Law

chapter 9|20 pages

Basic Equality and Different Treatment

chapter 10|56 pages

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