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Author: Tarunabh Khaitan Publisher: OUP Oxford ISBN: 0191066389 Category : Political Science Languages : en Pages : 393
Book Description
Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.
Author: Tarunabh Khaitan Publisher: OUP Oxford ISBN: 0191066389 Category : Political Science Languages : en Pages : 393
Book Description
Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.
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: Armin von Bogdandy Publisher: Oxford University Press ISBN: 0192515462 Category : Law Languages : en Pages : 465
Book Description
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Author: Mihály Ficsor Publisher: Oxford University Press on Demand ISBN: 9780198299011 Category : Law Languages : en Pages : 792
Book Description
This work provides detailed coverage of the current state of international treaty law in respect of copyright issues relating to the Internet and E-commerce. The centre-piece of the book is an article-by-article analysis of the two key World Intellectual Property Organisation (WIPO) treaties tackling the subject: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, both negotiated primarily as a response to technological developments such as the Internet. It also includes detailed comparative material showing how the WIPO treaties are being implemented elsewhere in the world, and in particular how the EU, Japan and the US are responding to these key issues. This includes analysis of the key EU Directive on Copyright and Related Rights in the Information Society, which is intended to roll out protection across Europe for copyright holders operating in the digital arena.
Author: Roberto Gargarella Publisher: Ashgate Publishing, Ltd. ISBN: 9780754647836 Category : Political Science Languages : en Pages : 336
Book Description
This volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies, with a focus on social rights litigation in post-authoritarian regimes or contexts of fragile state presence.
Author: Mauro Bussani Publisher: Cambridge University Press ISBN: 0521895707 Category : Business & Economics Languages : en Pages : 423
Book Description
The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.
Author: Eran Ben-Joseph Publisher: ISBN: 9780262527545 Category : Parking facilities Languages : en Pages : 0
Book Description
As the number of passenger cars in the world increases daily, so too does Earth's supply of parking spaces. In some cities, parking lots cover more than one-third of the metropolitan footprint--but their design and function has not been rethought since the 1950s. Here, urban designer Eran Ben-Joseph shares a different vision for parking's future--aesthetically pleasing, environmentally and architecturally responsible. He provides a visual history of this often-ignored urban space, introducing us to some of the many alternative and nonparking purposes that parking lots have served. He shows us parking lots that are lushly planted with trees and flowers and beautifully integrated with the rest of the built environment. With purposeful design, Ben-Joseph argues, parking lots could be significant public places, contributing as much to their communities as great boulevards, parks, or plazas.--From publisher description.
Author: Tarunabh Khaitan
Author: Tarunabh Khaitan
Author: Deborah Hellman
Author: Marie Mercat-Bruns
Author: Armin von Bogdandy
Author: Mihály Ficsor
Author: Roberto Gargarella
Author: Juan R. Torruella
Author: Mauro Bussani
Author: 
Author: Eran Ben-Joseph