Discrimination Law

Author: Sandra Fredman FBA

Publisher: OUP Oxford

ISBN: 0191621080

Category: Law

Page: 384

View: 3122

Equality is an ideal to which we all aspire. Yet the more closely we examine it, the more its meaning shifts. How do we explain how equal treatment can in effect lead to inequality, while unequal treatment might be necessary in order to achieve equality? The apparent paradox can be understood if we accept that equality can be formulated in different ways, depending on which underlying conception is chosen. In this highly readable yet challenging book, Sandra Fredman examines the ways in which discrimination law addresses these questions. The new edition retains the format of the highly successful first edition, while incorporating the many new developments in discrimination law since 2002, including the Equality Act 2010, human rights law, and EU law. By using a thematic approach, the book illuminates the major issues in discrimination law, while at the same time imparting a detailed understanding of the legal provisions. The comparative approach is particularly helpful; by examining comparable law in the US, India, Canada, and South Africa, as well as the UK, the book exposes common problems and canvasses differing solutions. As in the previous edition, the book locates discrimination in its wider social and historical context. Drawing on the author's wide experience of equality law in many jurisdictions, she creates an analytic framework to assess the substantive law. The book is a thought-provoking and accessible overview of the way in which equality law has adjusted to new and increasingly complex challenges. It concludes that progress has been evident, but uneven. Those dedicated to equality still face an exacting, but ultimately deeply rewarding, task.

Discrimination Law

Author: Sandra Fredman

Publisher: Oxford University Press on Demand

ISBN: 0199584427

Category: Law

Page: 348

View: 4182

A highly readable introduction to equality law and how it has adjusted to new and complex problems. Including an historical overview and comparative analysis, it thematically illuminates and discusses the major issues in discrimination law. This edition incorporates recent changes to the law, most importantly the Equality Act 2010.

Labour Law, Fundamental Rights and Social Europe

Author: Mia Rönnmar

Publisher: Bloomsbury Publishing

ISBN: 1847318371

Category: Law

Page: 304

View: 3159

This volume, comprising three parts and ten chapters, all of them peer-reviewed essays, arises from the work of the Swedish Network for European Legal Studies. Its focus is on labour and social security law. The chapters, written by distinguished legal researchers associated with Swedish universities, provide insight into a range of topical and important developments, seeking new and interesting perspectives. Sweden has been a member of the European Union since 1995, and EU law and European law perspectives have been well integrated into Swedish labour law and social security law research. Within the European Social Model and the European Welfare State, Sweden (and to some degree the other Nordic countries as well) can be said to represent a specific system, as regards both labour law and industrial relations and social security law. In terms of influential comparative typologies or models (naturally 'flawed' by a certain element of vagueness and simplification, but also very helpful in analytical and pedagogical respects), Sweden has been described as a representative of, inter alia, a Nordic legal family, a Nordic labour law model, a social-collectivist industrial relations system, a consensual industrial relations system, a social-democratic welfare state regime, a Scandinavian social security law system (a 'sub-group' of the Beveridge system), and a coordinated market economy. But since 1995 EU law and European law perspectives have been extensively integrated into existing Swedish labour and social security law, and the chapters in this book go a long way in illustrating the far-reaching and multifaceted ways in which Swedish law has been 'Europeanised'.

Extending Working Life for Older Workers

Age Discrimination Law, Policy and Practice

Author: Alysia Blackham

Publisher: Bloomsbury Publishing

ISBN: 1509905774

Category: Law

Page: 256

View: 340

The UK population is ageing rapidly. While age discrimination laws are seen as having broad potential to address the 'ageing challenge' and achieve instrumental and intrinsic objectives in the context of employment, it is unclear what impact they are having in practice. This monograph addresses two overarching research questions in the employment field: How are UK age discrimination laws operating in practice? How (if at all) could UK age discrimination laws be improved? A reflexive law theoretical standpoint is employed to investigate these issues, applying a mixed methods research design that engages qualitative, quantitative, doctrinal and comparative elements. This book demonstrates the substantial limitations of the Equality Act 2010 (UK) for achieving instrumental and intrinsic objectives. Drawing on qualitative expert interviews, statistical analysis and organisational case studies, it illustrates the failure of age discrimination laws to achieve attitudinal change in the UK, and reveals the limited prevalence of proactive measures to support older workers. Integrating doctrinal analysis, comparative analysis of Finnish law, and the Delphi method, it proposes targeted legal and policy changes to address demographic change, and offers an agenda for reform that may increase the impact of age discrimination laws, and enable them to respond effectively to demographic ageing. Runner up of the 2017 SLS Peter Birks Prize for Outstanding Legal Scholarship!

Employment Law

Author: Hugh Collins

Publisher: Oxford University Press, USA

ISBN: 9780198763864

Category: Labor laws and legislation

Page: 264

View: 3184

This addition to the Clarendon Law Series offers a fresh approach to the law governing employment relations, emphasising the contemporary policy themes of social inclusion, competitiveness, and the rights of citizenship in the workplace. It acts as a succinct and accessible overview for those new to the subject as well as an excellent summary for students. Employment Law covers all the main areas of the subject including anti-discrimination laws, trade unions and industrial action, contracts of employment and human rights in the workplace. It also discusses how UK law, under the influence of EC law and international protection of human rights, has been transformed for the twentieth-first century by pursuing new goals such as helping to achieve a better balance between work and life, to improve the competitiveness of business through partnership institutions, and to provide superior protection for the basic rights of employees in the workplace. Offering frequent and illuminating comparisons with the law of other countries, including the United States, Professor Collins also discusses the effectiveness of employment regulation as well as examining the different national and transnational methods available.

Challenges of Active Ageing

Equality Law and the Workplace

Author: Simonetta Manfredi,Lucy Vickers

Publisher: Springer

ISBN: 1137532513

Category: Business & Economics

Page: 345

View: 6972

This edited collection takes a multi-disciplinary approach to the ‘Active Ageing’ agenda to enable readers to consider the implications of this phenomenon for the law, the workplace, and for working lives from a holistic perspective. Challenges of Active Ageing brings together academics working throughout Europe from different disciplines including law, industrial relations, human resource management and occupational psychology to explore and debate the challenges of the ‘Active Ageing’ agenda for equality law and management practice. Also including shorter contributions from law, human resource management, trade union and other practitioners, this book aims to fully reflect how organizations can adjust their practices to respond to the challenge of an aging population and extended working lives.

The Oxford Handbook of Legal Studies

Author: Peter Cane,Mark V. Tushnet

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 1071

View: 2129

This innovative volume in the prestigious series of Oxford Handbooks provides a comprehensive overview of law and legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in USA, the UK, Australia, New Zealand, Canada and Germany it will provide a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focussing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors to this Handbook offer original and interpretative accounts of the nature, themes and preoccupations of research and writing about law. They then go on to consider likely trends and developments in scholarship in the next decade or so. The Handbook is arranged in seven Parts entitled 'Property and Obligations', 'Citizens and Government', 'Wealth Distribution and Welfare', 'Business and Commerce', 'Technology', 'Processes', and 'Research and Researchers'. It will provide everyone interested in scholarship about law with a widely accessible overview of the state and future direction of legal scholarship.

International law

Author: Alan Vaughan Lowe

Publisher: Oxford University Press, USA

ISBN: 9780199268849

Category: Business & Economics

Page: 298

View: 2727

Of all legal subjects, international law is at once the most richly varied and arguably the least understood, even by lawyers. For the past two decades it has been the focus of intense analysis by legal philosophers, international relations specialists, linguists, professional lawyers, historians, economists, and political scientists, as well as those who study, teach, and practice the discipline. Yet, the realities of international trade and communication mean that regulations in one State often directly affect matters within others. In the established tradition of the Clarendon Law Series, International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The book explores the scope and function of international law, and explains how it helps to underpin our international political and economic systems. It then goes on to examine the wider theoretical implications of international law's role in modern society, including issues such as the independence of states, limits of national freedom of choice, human rights, and international crime.

Philosophy of Private Law

Author: William Lucy

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 444

View: 5400

On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the natureand foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the booka number of distinctions - between conceptual and normative argument, between jurisprudential 'theory' and private law 'practice', between legal obligation and moral obligation - are analyzed, the aim being to give students an informed grasp of both the limits and possibilities of the philosophy of private law.

Columbia Law Review

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 4057

Columbia Law Review publishes articles and book reviews of scholarly and professional interest by academic authors and practicing attorneys, as well as notes written by members of the review.

Law as Symbolic Form

Ernst Cassirer and the Anthropocentric View of Law

Author: Deniz Coskun

Publisher: Springer Science & Business Media

ISBN: 1402062567

Category: Law

Page: 386

View: 7345

This book describes the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force. It synthesizes a vast amount of current Cassirer-literature and makes a contribution to jurisprudence. The book is the first systematic elaboration on law as a symbolic form and it sheds new light on a still dark area of intellectual and jurisprudential thought.

Betrachtungen über die Repräsentativregierung

Author: John Stuart Mill

Publisher: Suhrkamp Verlag

ISBN: 3518735179

Category: Political Science

Page: 336

View: 2548

Die anhaltende Diskussion um die »Krise des Parlamentarismus« zeigt, dass die normative Begründung und systematische Bestimmung von Parlamentsfunktionen und demokratischer Öffentlichkeit von entscheidender Bedeutung für die Zukunft der repräsentativen Demokratie ist. Das Problem ist aber nicht neu, wie John Stuart Mills klassischer Text zeigt. Er kreist um die Frage, wie sich die Gefahr einer »Tyrannei der Mehrheit« mit den Partizipationsanforderungen demokratischen Regierens versöhnen lässt. Mill begründet darin u. a. ein deliberatives Verständnis von Politik und erörtert die Gefahren einer bürokratischen Strangulierung politischer Freiheit. Ein Schlüsselwerk der Demokratietheorie und Parlamentarismusforschung.

Kriminalpolitik

Author: Hans-Jürgen Lange

Publisher: Springer-Verlag

ISBN: 3531908944

Category: Political Science

Page: 465

View: 8837

Die Beiträge des Buches bieten eine umfassende Darstellung der historischen, theoretischen und empirischen Forschung zur Kriminalpolitik. Aus interdisziplinärer Sicht werden die Entwicklungsmuster und die Ausdifferenzierung der Kriminalpolitik innerhalb des gesellschaftlichen und politischen Systems herausgearbeitet.

Soziologische Jurisprudenz

Festschrift für Gunther Teubner zum 65. Geburtstag am 30. April 2009

Author: Gralf-Peter Calliess,Andreas Fischer-Lescano,Dan Wielsch,Peer Zumbansen

Publisher: Walter de Gruyter

ISBN: 3899496353

Category: Law

Page: 947

View: 3698

Die Festschrift "Soziologische Jurisprudenz" stellt sich sowohl im Inhalt als auch in der Form in die Tradition der Arbeiten von Gunther Teubner. Die Beiträge lassen sich auf seine Leitperspektive ein, indem sie die Grenzbeziehungen von Recht und Gesellschaft mit je eigenständigen Akzentuierungen reflektieren.