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Author: George Gerapetritis Publisher: Springer ISBN: 331922395X Category : Law Languages : en Pages : 270
Book Description
This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.
Author: George Gerapetritis Publisher: Springer ISBN: 331922395X Category : Law Languages : en Pages : 270
Book Description
This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.
Author: Gerald Stourzh Publisher: University of Chicago Press ISBN: 022681193X Category : Law Languages : en Pages : 180
Book Description
"In Modern Isonomy distinguished political theorist Gerald Stourzh develops the idea of "isonomy" or a system of equal rights for all, as an alternative to the concept of "democracy." The ideal for Stourzh is a state, and indeed a world, in which individual rights, including the right to participate in politics equally, are clearly defined, and possessed by all, as the core of a real democratic system. Stourzh begins with ancient Greek thought contrasting isonomy--which is associated with the rule of the many--with oligarchies and monarchies, pursuing the implications of these different forms for the rights accorded to individuals. He moves on through history to discuss the American experiment with the development of representative democracy as well as the French revolution, after which the idea that rights should not be influenced by the status of the individual became the bedrock of a democratic system. But progress on the creation and protection of individual rights for all has been uneven. Democratic systems themselves often limit the scope of rights, particularly rights to participate in the political system. Stourzh brings this learned exploration forward to the discussions of human rights and democracy in the postwar period, with the end of the colonial empires and the fall of fascist dictatorships. He demonstrates how deeply intertwined equal rights for all, under law, as a concept and practice are with the development of democracy. He then explores the challenges to the idea of equal rights posed by economic inequality and the demands of the "security state" and concludes with a discussion of universal human rights which, under his idea of isonomy, will require bodies superior to nation-states to enforce"--
Author: Philippos C. Spyropoulos Publisher: Kluwer Law International B.V. ISBN: 9041192441 Category : Law Languages : en Pages : 199
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Greece provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Greece will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Saad Ahmad Khan Publisher: Rowman & Littlefield ISBN: 1793627312 Category : Social Science Languages : en Pages : 235
Book Description
“Why do they hate us?” The answer to a seemingly simple question made famous by U.S. President George W. Bush in the wake of 9/11 has become more complex with the entrance of homegrown terrorists into many armed conflicts. Why do they hate us so much that some of them try to kill us en masse, even though they are born and raised with us, go to school with us, and work with us. This book offers an in-depth analysis to the phenomenon of radicalization of second-generation Pakistani-Canadians. Based on interviews with second-generation Pakistani-Canadians from various backgrounds, Saad Ahmad Khan argues that radicalization is a complex and layered process stemming from multiple sources ranging from childhood experiences to the role of Saudi Arabia in exporting its brand of Islam. Individual, social, national, and international factors need to be addressed holistically, if radicalization of second-generation individuals is to be pre-empted and subsequent generations saved from the scourge of violence and terrorism.
Author: Jennifer Pierce Publisher: Stanford University Press ISBN: 0804783195 Category : Social Science Languages : en Pages : 248
Book Description
How is it that recipients of white privilege deny the role they play in reproducing racial inequality? Racing for Innocence addresses this question by examining the backlash against affirmative action in the late 1980s and early 1990s—just as courts, universities, and other institutions began to end affirmative action programs. This book recounts the stories of elite legal professionals at a large corporation with a federally mandated affirmative action program, as well as the cultural narratives about race, gender, and power in the news media and Hollywood films. Though most white men denied accountability for any racism in the workplace, they recounted ways in which they resisted—whether wittingly or not— incorporating people of color or white women into their workplace lives. Drawing on three different approaches—ethnography, narrative analysis, and fiction—to conceptualize the complexities and ambiguities of race and gender in contemporary America, this book makes an innovative pedagogical tool.
Author: George Gerapetritis Publisher: Bloomsbury Publishing ISBN: 1509909656 Category : Law Languages : en Pages : 401
Book Description
New Economic Constitutionalism in Europe focuses on the institutional mutation of constitutionalism following the major economic crisis in the Eurozone and globally. The main axis is that a new economic constitutionalism has arisen which trespasses on the conventional conceptual foundations and needs to be addressed with novel institutional vehicles. The author proposes an original and searching analysis of the significant constitutional evolutions that have taken place in member states in response to the global financial crisis. The book combines a sophisticated theoretical model of a new form of economic constitutionalism with detailed practical argumentation. This important new work provides a valuable addition to the understanding of this hugely important topic.
Author: Ira Katznelson Publisher: W. W. Norton & Company ISBN: 0393347141 Category : History Languages : en Pages : 253
Book Description
A groundbreaking work that exposes the twisted origins of affirmative action. In this "penetrating new analysis" (New York Times Book Review) Ira Katznelson fundamentally recasts our understanding of twentieth-century American history and demonstrates that all the key programs passed during the New Deal and Fair Deal era of the 1930s and 1940s were created in a deeply discriminatory manner. Through mechanisms designed by Southern Democrats that specifically excluded maids and farm workers, the gap between blacks and whites actually widened despite postwar prosperity. In the words of noted historian Eric Foner, "Katznelson's incisive book should change the terms of debate about affirmative action, and about the last seventy years of American history."
Author: George Gerapetritis
Author: George Gerapetritis
Author: Mitja Sardoč
Author: Gerald Stourzh
Author: Philippos C. Spyropoulos
Author: Stephan Stohler
Author: American Bar Association. House of Delegates
Author: Saad Ahmad Khan
Author: Jennifer Pierce
Author: George Gerapetritis
Author: Ira Katznelson