Philosophical Foundations of Discrimination Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Philosophical Foundations of Discrimination Law PDF full book. Access full book title Philosophical Foundations of Discrimination Law by Deborah Hellman. Download full books in PDF and EPUB format.
Author: Deborah Hellman Publisher: OUP Oxford ISBN: 0191641308 Category : Law Languages : en Pages : 320
Book Description
How do we understand and justify the particular partialities that discrimination law tries to protect against? Are different discrimination laws from around the world grounded in a single set of norms? And does discrimination law fail to treat people as individuals? The philosophical study around discrimination law in the private and public sector is a relatively young field of inquiry. This is owing to the fact that anti-discrimination laws are relatively new. It is arguably only since the Second World War that these rights have been adopted by countries in a broad sense, ensuring that all citizens have civil rights and the right to non-discrimination. Theory around discrimination law has until recently been threefold, doctrinal in its approach, questioning equality - why it matters and why should it influence legislatures in the design of policy - and thirdly focusing on the issue of affirmative action. This volume takes a fresh look at the philosophy of discrimination law, identifying points of discussion in need of further study. It addresses how we are to understand and justify laws prohibiting discrimination. For instance, how discrimination might be best conceived - as a personal wrong or as an unfair distribution of resources. The volume then turns to a number of meta-theoretical questions, whether different discrimination laws are coherent and grounded in collectively held beliefs or are instead a collection of very different rules that have no underlying coherence. Lastly, the authors focus on issues in discrimination law that are currently the topic of considerable political debate. The questions raised here are urgent and necessary and it is the hope of the authors that other academics and philosophers may join in their discussions.
Author: Deborah Hellman Publisher: OUP Oxford ISBN: 0191641308 Category : Law Languages : en Pages : 320
Book Description
How do we understand and justify the particular partialities that discrimination law tries to protect against? Are different discrimination laws from around the world grounded in a single set of norms? And does discrimination law fail to treat people as individuals? The philosophical study around discrimination law in the private and public sector is a relatively young field of inquiry. This is owing to the fact that anti-discrimination laws are relatively new. It is arguably only since the Second World War that these rights have been adopted by countries in a broad sense, ensuring that all citizens have civil rights and the right to non-discrimination. Theory around discrimination law has until recently been threefold, doctrinal in its approach, questioning equality - why it matters and why should it influence legislatures in the design of policy - and thirdly focusing on the issue of affirmative action. This volume takes a fresh look at the philosophy of discrimination law, identifying points of discussion in need of further study. It addresses how we are to understand and justify laws prohibiting discrimination. For instance, how discrimination might be best conceived - as a personal wrong or as an unfair distribution of resources. The volume then turns to a number of meta-theoretical questions, whether different discrimination laws are coherent and grounded in collectively held beliefs or are instead a collection of very different rules that have no underlying coherence. Lastly, the authors focus on issues in discrimination law that are currently the topic of considerable political debate. The questions raised here are urgent and necessary and it is the hope of the authors that other academics and philosophers may join in their discussions.
Author: Deborah Hellman Publisher: ISBN: Category : Discrimination Languages : en Pages : 283
Book Description
How do we understand and justify the particular partialities that discrimination law tries to protect against? Are different discrimination laws from around the world grounded in a single set of norms? And does discrimination law fail to treat people as individuals? The philosophical study around discrimination law in the private and public sector is a relatively young field of inquiry. This is owing to the fact that anti-discrimination laws are relatively new. It is arguably only since the Second World War that these rights have been adopted by countries in a broad sense, ensuring that all citizens have civil rights and the right to non-discrimination. Theory around discrimination law has until recently been threefold, doctrinal in its approach, questioning equality - why it matters and why should it influence legislatures in the design of policy - and thirdly focusing on the issue of affirmative action. This volume takes a fresh look at the philosophy of discrimination law, identifying points of discussion in need of further study. It addresses how we are to understand and justify laws prohibiting discrimination. For instance, how discrimination might be best conceived - as a personal wrong or as an unfair distribution of resources. The volume then turns to a number of meta-theoretical questions, whether different discrimination laws are coherent and grounded in collectively held beliefs or are instead a collection of very different rules that have no underlying coherence. Lastly, the authors focus on issues in discrimination law that are currently the topic of considerable political debate. The questions raised here are urgent and necessary and it is the hope of the authors that other academics and philosophers may join in their discussions.
Author: John J. Donohue Publisher: Oxford University Press, USA ISBN: Category : Discrimination in employment Languages : en Pages : 424
Book Description
Foundations of Employment Discrimination Law, part of the Interdisciplinary Readers in Law Series, looks at the moral and philosophical issues of employment and discrimination, featuring readings from Isaiah Berlin, Owen Fiss, and Milton Friedman. It covers the general development of the law, and devotes a section each to race discrimination, sex discrimination, and age and disability discrimination. Within each section Donohue considers the theories, economic issues, and the impact of the law, and includes a selection of critical perspectives
Author: Tarunabh Khaitan Publisher: Oxford University Press, USA ISBN: 0199656967 Category : Law Languages : en Pages : 289
Book Description
Fundamental and complex questions surround discrimination law and plague its application. When is discrimination justifiable? What is the purpose of the law, and its relationship to social equality? Is discrimination law designed to protect individual choices or marginalised groups? This book presents a unified theory of discrimination law, arguing that these questions have remained controversial because of a failure to distinguish between the need to justify the practise of discrimination law, from the need to justify the duty imposing rules of this practise. The book argues that the law is grounded not in the value of equality but autonomy - its purpose to provide people with a free choice between valuable options. It presents discrimination law as a distinctively liberal social programme.
Author: David Dyzenhaus Publisher: Oxford University Press ISBN: 0191069469 Category : Law Languages : en Pages : 350
Book Description
Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.
Author: Hugh Collins Publisher: Philosophical Foundations of L ISBN: 0198825277 Category : Law Languages : en Pages : 369
Book Description
The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.
Author: David Dyzenhaus Publisher: Oxford University Press ISBN: 0198754523 Category : Law Languages : en Pages : 353
Book Description
This is a collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution.
Author: George Rutherglen Publisher: ISBN: Category : Business & Economics Languages : en Pages : 280
Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ... CHAPTER V. THE CAMBRIDGE PLATONISTS. "while the Cartesian philosophy was thus spreading on the Continent and in England, a fresh source of intellectual activity was developing itself in that very remarkable school, which, confined chiefly to our own University, exercised, during a considerable part of the century, no small influence over her most studious and thoughtful minds. At first sight it would seem singular that there should be any sympathy whatever between a school of thought which was little more than a re-construction out of the philosophy of the past, --of that section of ancient philosophy moreover of which most modern thinkers are apt to speak with least tolerance, --and a system professedly hostile to all earlier modes of speculation, and which aimed at effecting a total revolution in the whole domain of philosophic research. Beyond the essentially subjective cha-Neo-putoracter which belonged alike to the philosophy of Descartes nlm and that of Henry More, there would appear indeed to have been little in common save dissatisfaction with the existing state of things. The Platonism of the seventeenth century was not simply a revival of a past school of thought, but it was also an avowed declaration against Calvinistic doctrines and Aristotelian dogmas., More has sufficiently indicated this fact in his own narrative of himself. "But neither there" (at school), says he, "nor yet anywhere else could I ever swallow down that hard doctrine con cerning fate. On the contrary, I remember that upon those words of Epictetas, "Aye fie 3 Zev, teat av ij ire- irpapivt, Lead me, O Jupiter, and thou Fate, I did (with my eldest brother, who then, as it happened, had accompanied my uncle thither), very stoutly and earnestly for my years, ...
Author: Rowan Cruft Publisher: OUP Oxford ISBN: 0191002917 Category : Law Languages : en Pages : 650
Book Description
What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focuses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others. The essays represent new and canonical research by leading scholars in the field. Each section is structured as a set of essays and replies, offering a comprehensive analysis of different positions within the debate in question. The introduction from the editors will guide researchers and students navigating the diversity of views on the philosophical foundations of human rights.
Author: Deborah Hellman
Author: Deborah Hellman
Author: Deborah Hellman
Author: John J. Donohue
Author: John J. Donohue (III)
Author: Tarunabh Khaitan
Author: David Dyzenhaus
Author: Hugh Collins
Author: David Dyzenhaus
Author: George Rutherglen
Author: Rowan Cruft