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Foundations of Indirect Discrimination Law

Specificaties
Gebonden, 304 blz. | Engels
Hart Publishing | 1e druk, 2018
ISBN13: 9781509912544
Hart Publishing 1e druk, 2018 9781509912544
Gratis verzonden | Verwachte levertijd ongeveer 11 werkdagen

Samenvatting

Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally.

The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts.

The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies.

Specificaties

ISBN13:9781509912544
Taal:Engels
Bindwijze:gebonden
Aantal pagina's:304
Druk:1
Verschijningsdatum:22-3-2018
Hoofdrubriek:Staatsrecht

Over Hugh Collins

Hugh Collins became the Vinerian Professor of English Law in 2013. He obtained his BA (1974) and BCL (1975) from Pembroke College, Oxford, and an LLM (1986) from Harvard Law School. He was a Fellow in law at Brasenose College, Oxford from 1976 to 1990, when he became the Professor of English Law at the London School of Economics, where he was also head of the department of law for two terms of office. He has been a Visiting Professor at New York University Law School and Boston University Law School. He has served as a member of the editorial committee of The Modern Law Review since 1991, and as a founder and editor of the European Review of Contract Law. He was elected a Fellow of the British Academy in 2006.

Andere boeken door Hugh Collins

Inhoudsopgave

1. Indirect Discrimination Law: Controversies and Critical Questions
Hugh Collins and Tarunabh Khaitan
2. Direct and Indirect Discrimination: Is There Still a Divide?
Sandra Fredman
3. Approaching the Indirect-Direct Discrimination Distinction: Concepts, Justifications and Policies
Nicholas Bamforth
4. Judicial Scepticism of Discrimination at the ECtHR
Barbara Havelkova
5. Indirect Discrimination and the Duty to Avoid Compounding Injustice
Deborah Hellman
6. The Moral Seriousness of Indirect Discrimination
Sophia Moreau
7. Squaring the Circle: Can an Egalitarian and Individualistic Conception of Freedom of Religion or Belief Co-exist with the Notion of Indirect Discrimination?
Ronan McCrea
8. Indirect Discrimination, Affirmative Action and Relational Egalitarianism
Kasper Lippert-Rasmussen
9. Wrongs, Group Disadvantage and the Legitimacy of Indirect Discrimination Law
Tarunabh Khaitan and Sandy Steel
10. Anti-discrimination Law and the Duty to Integrate
Julie C Suk
11. Justice for Foxes: Fundamental Rights and Justification of Indirect Discrimination
Hugh Collins

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