Basic equality and discrimination
Subtitle: reconciling theory and law
By: Nicholas Mark Smith
Series: Applied legal philosophy
Publisher: Ashgate Pub.
Published: 2011
Place of publication: Farnham, Surrey; Burlington, VT
Language: eng
Number of pages: 228
ISBN-13: 9781409428435; 9781409428442
Subjects: Discrimination; Law and legislation; Equality
Description: "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."--Pub. desc.
Notes: Includes bibliographical references (p. [217]-224) index.
Table of contents: title: Introduction; title: Why should we speak of equality?; title: Why do we value basic equality?; title: The scope of basic equality; title: Basic equality and other values; title: Denying basic equality; title: Discrimination and culture; title: Equality's law; title: Basic equality and different treatment; title: Affirmative action.