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Author: Stuart Goosey Publisher: Bloomsbury Publishing ISBN: 1509933778 Category : Law Languages : en Pages : 346
Book Description
This book provides a comprehensive theory of age discrimination that can guide the direct and indirect age discrimination provisions of the Equality Act 2010. The Act holds that unequal treatment on the grounds of age and measures that are on their face age-neutral but have the effect of disadvantaging particular age groups are lawful only if the treatment can be shown either to be a 'proportionate means of achieving a legitimate aim' or if the treatment fits into a specifically prescribed exception. In this way, the proportionality test distinguishes justified and unjustified age-differential treatment with only the former legally permissible. This book outlines and defends a pluralist theory of age discrimination that assists in making the distinction between justified and unjustified age-differential treatment. The theory identifies the principles that explain when and why age-differential treatment wrongs people and the principles that can justify this treatment. It is a pluralist theory because it recognises that age-differential treatment can wrong people for a number of different, overlapping reasons, and these different reasons should inform how we apply age discrimination law. The pluralist approach to age discrimination theory can improve legal reasoning in age discrimination cases by articulating the relevant principles and competing interests that are at stake in age discrimination claims. In constructing the theory, the book adopts the reflective equilibrium method. This requires that we examine our initial moral beliefs about age discrimination by seeking coherence with beliefs we have about similar moral and philosophical issues and revising the initial beliefs as a result of challenges to them. In applying this method, the book identifies the following five principles to form a pluralist theory of age discrimination: equality of opportunity, social equality, respect, autonomy and efficiency.
Author: Stuart Goosey Publisher: Bloomsbury Publishing ISBN: 1509933778 Category : Law Languages : en Pages : 346
Book Description
This book provides a comprehensive theory of age discrimination that can guide the direct and indirect age discrimination provisions of the Equality Act 2010. The Act holds that unequal treatment on the grounds of age and measures that are on their face age-neutral but have the effect of disadvantaging particular age groups are lawful only if the treatment can be shown either to be a 'proportionate means of achieving a legitimate aim' or if the treatment fits into a specifically prescribed exception. In this way, the proportionality test distinguishes justified and unjustified age-differential treatment with only the former legally permissible. This book outlines and defends a pluralist theory of age discrimination that assists in making the distinction between justified and unjustified age-differential treatment. The theory identifies the principles that explain when and why age-differential treatment wrongs people and the principles that can justify this treatment. It is a pluralist theory because it recognises that age-differential treatment can wrong people for a number of different, overlapping reasons, and these different reasons should inform how we apply age discrimination law. The pluralist approach to age discrimination theory can improve legal reasoning in age discrimination cases by articulating the relevant principles and competing interests that are at stake in age discrimination claims. In constructing the theory, the book adopts the reflective equilibrium method. This requires that we examine our initial moral beliefs about age discrimination by seeking coherence with beliefs we have about similar moral and philosophical issues and revising the initial beliefs as a result of challenges to them. In applying this method, the book identifies the following five principles to form a pluralist theory of age discrimination: equality of opportunity, social equality, respect, autonomy and efficiency.
Author: Stuart Goosey Publisher: Hart Publishing ISBN: 1509944079 Category : Law Languages : en Pages : 0
Book Description
This book provides a comprehensive theory of age discrimination that can guide the direct and indirect age discrimination provisions of the Equality Act 2010. The Act holds that unequal treatment on the grounds of age and measures that are on their face age-neutral but have the effect of disadvantaging particular age groups are lawful only if the treatment can be shown either to be a 'proportionate means of achieving a legitimate aim' or if the treatment fits into a specifically prescribed exception. In this way, the proportionality test distinguishes justified and unjustified age-differential treatment with only the former legally permissible. This book outlines and defends a pluralist theory of age discrimination that assists in making the distinction between justified and unjustified age-differential treatment. The theory identifies the principles that explain when and why age-differential treatment wrongs people and the principles that can justify this treatment. It is a pluralist theory because it recognises that age-differential treatment can wrong people for a number of different, overlapping reasons, and these different reasons should inform how we apply age discrimination law. The pluralist approach to age discrimination theory can improve legal reasoning in age discrimination cases by articulating the relevant principles and competing interests that are at stake in age discrimination claims. In constructing the theory, the book adopts the reflective equilibrium method. This requires that we examine our initial moral beliefs about age discrimination by seeking coherence with beliefs we have about similar moral and philosophical issues and revising the initial beliefs as a result of challenges to them. In applying this method, the book identifies the following five principles to form a pluralist theory of age discrimination: equality of opportunity, social equality, respect, autonomy and efficiency.
Author: Sue Westwood Publisher: Edward Elgar Publishing ISBN: 1803925299 Category : Law Languages : en Pages : 615
Book Description
In an era where the population is rapidly ageing, this timely Research Handbook addresses the wide-ranging social and legal issues concerning older people.
Author: Sophia Reibetanz Moreau Publisher: ISBN: 0190927305 Category : Law Languages : en Pages : 277
Book Description
This book defends an original and pluralist theory of when and why discrimination wrongs people, in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good.
Author: B. Bergmann Publisher: Springer ISBN: 1403982589 Category : Social Science Languages : en Pages : 262
Book Description
This new edition of a classic feminist book explains how one of the great historical revolutions - the ongoing movement toward equality between the sexes - has come about. Its origins are to be found, not in changing ideas, but in the economic developments that have made women's labour too valuable to be spent exclusively in domestic pursuits. The revolution is unfinished; new arrangements are needed to fight still-prevalent discrimination in the workplace, to achieve a more just sharing of housework and childcare between women and men, and, with the weakening of the institution of marriage, to re-erect a firm economic basis for the raising of children.
Author: Deborah Hellman Publisher: ISBN: 0199664315 Category : Law Languages : en Pages : 306
Book Description
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.
Author: Ann E. Cudd Publisher: Oxford University Press ISBN: 0195187431 Category : Philosophy Languages : en Pages : 293
Book Description
Analyzing Oppression presents a new, integrated theory of social oppression, which tackles the fundamental question that no theory of oppression has satisfactorily answered: if there is no natural hierarchy among humans, why are some cases of oppression so persistent? Cudd argues that the explanation lies in the coercive co-opting of the oppressed to join in their own oppression. This answer sets the stage for analysis throughout the book, as it explores the questions of how and why the oppressed join in their oppression. Cudd argues that oppression is an institutionally structured harm perpetrated on social groups by other groups using direct and indirect material, economic, and psychological force. Among the most important and insidious of the indirect forces is an economic force that operates through oppressed persons' own rational choices. This force constitutes the central feature of analysis, and the book argues that this force is especially insidious because it conceals the fact of oppression from the oppressed and from others who would be sympathetic to their plight. The oppressed come to believe that they suffer personal failings and this belief appears to absolve society from responsibility. While on Cudd's view oppression is grounded in material exploitation and physical deprivation, it cannot be long sustained without corresponding psychological forces. Cudd examines the direct and indirect psychological forces that generate and sustain oppression. She discusses strategies that groups have used to resist oppression and argues that all persons have a moral responsibility to resist in some way. In the concluding chapter Cudd proposes a concept of freedom that would be possible for humans in a world that is actively opposing oppression, arguing that freedom for each individual is only possible when we achieve freedom for all others.
Author: Stuart Goosey
Author: Stuart Goosey
Author: Stuart Goosey
Author: Sue Westwood
Author: Sophia Reibetanz Moreau
Author: B. Bergmann
Author: Stefan Grundmann
Author: Deborah Hellman
Author: Sandra Fredman
Author: Ann E. Cudd
Author: