Equal In Law Unequal In Fact

Author : Timo Makkonen
Publisher : Martinus Nijhoff Publishers
Page : 454 pages
File Size : 53,6 Mb
Release : 2012-01-06
Category : Law
ISBN : 9789004217065

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Equal in Law, Unequal in Fact by Timo Makkonen Pdf

An intriguing paradox characterises international and European action against discrimination. On the one hand, equality and the right to non-discrimination are key human rights and protected by an impressive line of legal documents. On the other hand, empirical studies show that discrimination is still rampant today. This book maps the gap between the rights and the reality, and examines the causes, consequences and extent of discrimination in Europe today as well as the international and European legal response to it. On the basis of this analysis, the study explains why anti-discrimination law fails to deliver, and what can be done about it. The result is of interest to scholars, students, civil society, politicians and anyone interested in equality and making it a reality.

Author : Timo Makkonen
Publisher : Martinus Nijhoff Publishers
Page : 455 pages
File Size : 53,8 Mb
Release : 2012-01-05
Category : Law
ISBN : 9789004217058

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Equal in Law, Unequal in Fact by Timo Makkonen Pdf

This book explores the causes, forms and consequences of racial discrimination as well as the international and European legal responses thereto. It explains why the law fails to eliminate discrimination and suggests ways forward.

Author : Eric Heinze
Publisher : Routledge
Page : 152 pages
File Size : 42,7 Mb
Release : 2018-05-08
Category : Law
ISBN : 9781351770149

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The Logic of Equality by Eric Heinze Pdf

This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.

Author : National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Committee on Community-Based Solutions to Promote Health Equity in the United States
Publisher : National Academies Press
Page : 583 pages
File Size : 53,8 Mb
Release : 2017-04-27
Category : Medical
ISBN : 9780309452960

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Communities in Action by National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Committee on Community-Based Solutions to Promote Health Equity in the United States Pdf

In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.

Author : Jerold S. Auerbach
Publisher : Oxford University Press
Page : 412 pages
File Size : 41,7 Mb
Release : 1977-02-03
Category : Law
ISBN : 9780199728923

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Unequal Justice by Jerold S. Auerbach Pdf

Auerbach here focuses on the elite nature of the profession, examining its emphasis on serving business interests and its attempts to exclude participation by minorities.

Author : Sandra F. Sperino,Suja A. Thomas
Publisher : Oxford University Press
Page : 272 pages
File Size : 46,5 Mb
Release : 2017-05-01
Category : Law
ISBN : 9780190278403

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Unequal by Sandra F. Sperino,Suja A. Thomas Pdf

It is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

Author : Lucia Schuster
Publisher : GRIN Verlag
Page : 7 pages
File Size : 40,9 Mb
Release : 2003-06-03
Category : Philosophy
ISBN : 9783638193788

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There is no good reason to treat people as equals because they are manifestly unequal Discuss by Lucia Schuster Pdf

Essay from the year 2002 in the subject Philosophy - Miscellaneous, grade: 1,7 (A-), University of Southampton (Department of Philosophy), course: Philosophical Theory, 12 entries in the bibliography, language: English, abstract: Humanity went through centuries of slavery, Nazism, neglecting of women rights and discrimination of disabled. All those issues, now regarded as unquestionably wrong in the Western Hemisphere, were often based on arguments of manifested differences between people. Even though people are still as different in characteristics, endowment and lifestyle as they ever have been, the attitude of many societies towards those topics drastically changed over the last centuries. There must be some significant reasons to regard humans now as fundamentally equal although they are dissimilar in so many ways. The question is still a fascinating one: Is it therefore justified to treat all people equally and is that a goal worth achieving? It is legitimate to consider people equal in certain areas whilst unequal in others. I will argue that there are good reasons to treat people equally as they are equal in some respects and treat them unequally because they are unequal in others but also to treat people equally although they are unequal. However for this purpose my essay will be organized in three sections. In the first passage I will defend equality of rights, equality before the law and equality in politics, backed up by the principle of Equality of Respect or Universal Humanity. Starting of with equality of resources in the second part, I will also examine equality of happiness and welfare. In the third paragraph the debate over equality of opportunity and equality of a basic living standard marks the end of my discussion. [...]

Author : Institute of Medicine,Board on Health Sciences Policy,Committee on Understanding and Eliminating Racial and Ethnic Disparities in Health Care
Publisher : National Academies Press
Page : 781 pages
File Size : 46,6 Mb
Release : 2009-02-06
Category : Medical
ISBN : 9780309082655

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Unequal Treatment by Institute of Medicine,Board on Health Sciences Policy,Committee on Understanding and Eliminating Racial and Ethnic Disparities in Health Care Pdf

Racial and ethnic disparities in health care are known to reflect access to care and other issues that arise from differing socioeconomic conditions. There is, however, increasing evidence that even after such differences are accounted for, race and ethnicity remain significant predictors of the quality of health care received. In Unequal Treatment, a panel of experts documents this evidence and explores how persons of color experience the health care environment. The book examines how disparities in treatment may arise in health care systems and looks at aspects of the clinical encounter that may contribute to such disparities. Patients' and providers' attitudes, expectations, and behavior are analyzed. How to intervene? Unequal Treatment offers recommendations for improvements in medical care financing, allocation of care, availability of language translation, community-based care, and other arenas. The committee highlights the potential of cross-cultural education to improve provider-patient communication and offers a detailed look at how to integrate cross-cultural learning within the health professions. The book concludes with recommendations for data collection and research initiatives. Unequal Treatment will be vitally important to health care policymakers, administrators, providers, educators, and students as well as advocates for people of color.

Author : Niklas Luhmann
Publisher : Oxford Socio-Legal Studies
Page : 524 pages
File Size : 44,6 Mb
Release : 2004
Category : Law
ISBN : 0198262388

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Law as a Social System by Niklas Luhmann Pdf

However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.

Author : Shashi Nath Saraswati
Publisher : Concept Publishing Company
Page : 418 pages
File Size : 43,9 Mb
Release : 2002
Category : Constitutional law
ISBN : 8170229510

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Right to Equality in the Indian Constitution by Shashi Nath Saraswati Pdf

Author : Peter W. Hogg
Publisher : Unknown
Page : 128 pages
File Size : 52,9 Mb
Release : 2020
Category : Constitutional law
ISBN : 0779896548

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Constitutional Law of Canada by Peter W. Hogg Pdf

Author : Carol Ruth Silver
Publisher : Univ. Press of Mississippi
Page : 311 pages
File Size : 42,7 Mb
Release : 2014-01-21
Category : Biography & Autobiography
ISBN : 9781628468748

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Freedom Rider Diary by Carol Ruth Silver Pdf

Arrested as a Freedom Rider in June of 1961, Carol Ruth Silver, a twenty-two-year-old recent college graduate originally from Massachusetts, spent the next forty days in Mississippi jail cells, including the Maximum-Security Unit at the infamous Parchman Prison Farm. She chronicled the events and her experiences on hidden scraps of paper which amazingly she was able to smuggle out. These raw written scraps she fashioned into a manuscript, which has waited, unread for more than fifty years. Freedom Rider Diary is that account. Freedom Riders were civil rights activists who rode interstate buses into the segregated southern United States in 1961 to test the US Supreme Court rulings outlawing segregation in interstate bus and terminal facilities. Brutality and arrests inflicted on the Riders called national attention to the disregard for federal law and the local violence used to enforce segregation. Police arrested Riders for trespassing, unlawful assembly, and violating state and local Jim Crow laws, along with other alleged offenses, but they often allowed white mobs to attack the Riders without arrest or intervention. This book offers a heretofore unavailable detailed diary from a woman Freedom Rider along with an introduction by historian Raymond Arsenault, author of the definitive history of the Freedom Rides. In a personal essay detailing her life before and after the Freedom Rides, Silver explores what led her to join the movement and explains how, galvanized by her actions and those of her compatriots in 1961, she spent her life and career fighting for civil rights. Framing essays and personal and historical photographs make the diary an ideal book for the general public, scholars, and students of the movement that changed America.

Author : Samuel Moyn
Publisher : Harvard University Press
Page : 276 pages
File Size : 45,7 Mb
Release : 2018-04-10
Category : Political Science
ISBN : 9780674984820

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Not Enough by Samuel Moyn Pdf

The age of human rights has been kindest to the rich. Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, market fundamentalism has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice. In a pioneering history of rights stretching back to the Bible, Not Enough charts how twentieth-century welfare states, concerned about both abject poverty and soaring wealth, resolved to fulfill their citizens’ most basic needs without forgetting to contain how much the rich could tower over the rest. In the wake of two world wars and the collapse of empires, new states tried to take welfare beyond its original European and American homelands and went so far as to challenge inequality on a global scale. But their plans were foiled as a neoliberal faith in markets triumphed instead. Moyn places the career of the human rights movement in relation to this disturbing shift from the egalitarian politics of yesterday to the neoliberal globalization of today. Exploring why the rise of human rights has occurred alongside enduring and exploding inequality, and why activists came to seek remedies for indigence without challenging wealth, Not Enough calls for more ambitious ideals and movements to achieve a humane and equitable world.

Author : George M. Fredrickson
Publisher : Princeton University Press
Page : 228 pages
File Size : 41,9 Mb
Release : 2015-09-15
Category : History
ISBN : 9781400873678

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Racism by George M. Fredrickson Pdf

Are antisemitism and white supremacy manifestations of a general phenomenon? Why didn't racism appear in Europe before the fourteenth century, and why did it flourish as never before in the eighteenth and nineteenth centuries? Why did the twentieth century see institutionalized racism in its most extreme forms? Why are egalitarian societies particularly susceptible to virulent racism? What do apartheid South Africa, Nazi Germany, and the American South under Jim Crow have in common? How did the Holocaust advance civil rights in the United States? With a rare blend of learning, economy, and cutting insight, George Fredrickson surveys the history of Western racism from its emergence in the late Middle Ages to the present. Beginning with the medieval antisemitism that put Jews beyond the pale of humanity, he traces the spread of racist thinking in the wake of European expansionism and the beginnings of the African slave trade. And he examines how the Enlightenment and nineteenth-century romantic nationalism created a new intellectual context for debates over slavery and Jewish emancipation. Fredrickson then makes the first sustained comparison between the color-coded racism of nineteenth-century America and the antisemitic racism that appeared in Germany around the same time. He finds similarity enough to justify the common label but also major differences in the nature and functions of the stereotypes invoked. The book concludes with a provocative account of the rise and decline of the twentieth century's overtly racist regimes--the Jim Crow South, Nazi Germany, and apartheid South Africa--in the context of world historical developments. This illuminating work is the first to treat racism across such a sweep of history and geography. It is distinguished not only by its original comparison of modern racism's two most significant varieties--white supremacy and antisemitism--but also by its eminent readability.

Author : G.P. Manish,Stephen C. Miller
Publisher : Routledge
Page : 245 pages
File Size : 46,7 Mb
Release : 2020-12-29
Category : Business & Economics
ISBN : 9781000283884

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Capitalism and Inequality by G.P. Manish,Stephen C. Miller Pdf

Capitalism and Inequality rejects the popular view that attributes the recent surge in inequality to a failure of market institutions. Bringing together new and original research from established scholars, it analyzes the inequality inherent in a free market from an economic and historical perspective. In the process, the question of whether the recent increase in inequality is the result of crony capitalism and government intervention is explored in depth. The book features sections on theoretical perspectives on inequality, the political economy of inequality, and the measurement of inequality. Chapters explore several key questions such as the difference between the effects of market-driven inequality and the inequality caused by government intervention; how the inequality created by regulation affects those who are less well-off; and whether the economic growth that accompanies market-driven inequality always benefits an elite minority while leaving the vast majority behind. The main policy conclusions that emerge from this analysis depart from those that are currently popular. The authors in this book argue that increasing the role of markets and reducing the extent of regulation is the best way to lower inequality while ensuring greater material well-being for all sections of society. This key text makes an invaluable contribution to the literature on inequality and markets and is essential reading for students, scholars, and policymakers.