Discrimination Law

Author: Sandra Fredman

Publisher: Oxford University Press on Demand

ISBN: 0199584427

Category: Law

Page: 348

View: 9410

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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.

Employment Law

Author: Hugh Collins

Publisher: Oxford University Press, USA

ISBN: 0199566550

Category: Law

Page: 265

View: 1468

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This updated edition offers a fresh approach to the law governing employment relations, emphasizing 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 contracts of employment, anti-discrimination law, trade unions, industrial action, and human rights in the workplace. It also discusses how UK law, under the influence of EU 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 comparisons with the law of other countries, including the United States, the book also discusses the effectiveness of employment regulation as well as examining the different national and transnational methods available.

Natural Law and Natural Rights

Author: John Finnis

Publisher: OUP Oxford

ISBN: 0191021547

Category: Law

Page: 512

View: 9880

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First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.

Equity

Author: Sarah Worthington

Publisher: OUP Oxford

ISBN: 0191018619

Category: Law

Page: 400

View: 3573

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This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises.

A Theory of Discrimination Law

Author: Tarunabh Khaitan

Publisher: OUP Oxford

ISBN: 0191066389

Category: Law

Page: 272

View: 8178

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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.

Law and Gender

Author: Joanne Conaghan

Publisher: Oxford University Press

ISBN: 0199592926

Category: Law

Page: 253

View: 8364

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This book explores the relationship between law and gender and in particular the relevance of gendered analyses to conceptions of law and legal theory. The book considers why gender is thought to be formally irrelevant to law notwithstanding its centrality as a key category of social organization. The focus of the book includes analyses of case law, consideration of the historical role of gender in law, the relevance of gender to modern jurisprudence and agendered interrogation of ideas of legal reason. The book will be of interest to anyone engaged with questions of law and legal theory and will also be of relevance to scholars and students in the fieldsgender, sexuality and feminism.

Discrimination Law

Author: Sandra Fredman FBA

Publisher: OUP Oxford

ISBN: 0191621080

Category: Law

Page: 384

View: 8688

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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.

Intellectual Property

Author: Michael Spence

Publisher: OUP Oxford

ISBN: 0191018805

Category: Law

Page: 384

View: 5620

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To offer a core concept of intellectual property, to consider various justifications for the recognition of intellectual property rights and to expound their operation in particular areas of activity is the purpose of this book. It is essential to examine both the concept of intellectual property and the reasons why a legal system might incorporate such a concept. We are increasingly told that the wealth of nations, consists in 'intangible assets'. These are the intangible products of human creativity, ingenuity and effort. It is frequently argued that these assets represent the future of the developed economies and that their adequate protection by the intellectual property regimes is essential to national, regional, and even global, prosperity. We are also told that the creators of such assets have a strong moral claim to them, and that developed legal systems should recognise this claim. This text examines the ethical issues and debates surrounding intellectual property law and focuses on three aspects of the major intellectual property regimes: subject matter; the allocation of the first ownership of rights; and the scope of protection. These three aspects of the major regimes provide readers with a strong sense of the shape and purpose of the most important intellectual property systems.

Taking Rights Seriously

Author: Ronald Dworkin

Publisher: A&C Black

ISBN: 1780938330

Category: Philosophy

Page: 448

View: 4875

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A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.

Introduction to Company Law

Author: Paul Davies

Publisher: OUP Oxford

ISBN: 0191021520

Category: Law

Page: 352

View: 1046

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Written by one of the foremost experts in the area, Paul Davies' Introduction to Company Law provides a comprehensive conceptual introduction, giving readers a clear framework with which to navigate the intricacies of company law. The five core features of company law - separate legal personality, limited liability, centralized management, shareholder control, and transferability of shares - are clearly laid out and examined, then these features are used to provide an organisation structure for the conduct of business. It also discusses legal strategies that can be used to deal with arising problems, the regulation of relationships between the parties, and the trade-offs that have been made in British company law to address some of the conflicting issues that have arisen. Fully revised to take into account the Companies Act 2006, and including a new chapter on international law which considers the role of European Community Law, this new edition in the renowned Clarendon Law Series offers a concise and stimulating introduction to company law.

Roman Law & Comparative Law

Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 9780820312613

Category: Law

Page: 328

View: 7545

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Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.

Blackstone's Guide to the Equality Act 2010

Author: John Wadham,David Ruebain,Anthony Robinson,Susie Uppal

Publisher: OUP Oxford

ISBN: 0191645397

Category: Law

Page: 552

View: 6770

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The Equality Act 2010 was an extremely significant reform of UK discrimination law, consolidating the existing complex mass of statutory provisions into one statute. The Act brought new rights against discrimination and imposed new duties on employers, service providers and public authorities, and also introduced a new socio-economic duty on public authorities to reduce the inequalities of outcome which result from socio-economic disadvantage. It defined nine protected characteristics: age, disability, combined grounds, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. Much more is now known about the Equality Act in practice; amendments have been made to the Act itself (such as those made as a consequence of insurance premium and gender cases in the European Court of Justice) and statutory guidance to the Act has been produced. Case law on the new provisions is also starting to appear. This fully revised edition of Blackstone's Guide to the Equality Act 2010 covers all recent developments and clearly and concisely explains the intricacies of the Equality Act. Combining the full text of the Act, as amended, with narrative from an expert team, the book is an invaluable resource for all who encounter the evolving legislation. The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the extent, scope, and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

Same Sex

Debating the Ethics, Science, and Culture of Homosexuality

Author: John Corvino

Publisher: Rowman & Littlefield

ISBN: 9780847684830

Category: Social Science

Page: 422

View: 3625

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'Same Sex' presents a comprehensive anthology on homosexuality, exploring historical conceptions of homosexuality, homosexual identity, and a variety of public policy issues.

Legal Reasoning and Legal Theory

Author: Neil MacCormick

Publisher: Clarendon Press

ISBN: 0191018597

Category: Law

Page: 322

View: 7214

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What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.

Smith & Wood's Employment Law

Author: Ian Smith,Aaron Baker

Publisher: Oxford University Press, USA

ISBN: 0198727356

Category: Law

Page: 888

View: 4517

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Reliably updated by Ian Smith and Aaron Baker, this popular textbook maintains its reputation for balancing authority with accessibility. Providing comprehensive coverage of all the key employment law topics the 12th edition continues to offer unrivalled support for undergraduate and postgraduate students alike. Smith & Wood's Employment Law draws on the extensive teaching and practical experience of its authors to provide students with a clear explanation of essential legislation and case detail while also offering incisive academic commentary and critical detail to help with essay preparation and class work. Throughout the book topics are carefully explained in their social and historical context, providing readers with an insight into the fast-paced development of employment law and offering perceptive analysis of its future direction. This book is also accompanied by an Online Resource Centre which includes further reading suggestions and useful weblinks to support independent study plus self-test questions with instant feedback to help consolidate learning and prepare for exams.

The Concept of Law

Author: HLA Hart

Publisher: OUP Oxford

ISBN: 0191630071

Category: Law

Page: 400

View: 9138

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Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.

Discrimination Law

Theory and Context : Text and Materials

Author: Nicholas Bamforth,Maleiha Malik,Colm O'Cinneide

Publisher: N.A

ISBN: 9780421554405

Category: Discrimination

Page: 1300

View: 9425

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This book provides a comprehensive account of contemporary discrimination law in England and Wales, addressing the subject from a human rights and European Union law perspective.

Playing by the Rules

A Philosophical Examination of Rule-Based Decision-Making in Law and in Life

Author: Frederick Schauer

Publisher: Clarendon Press

ISBN: 0191018740

Category: Law

Page: 272

View: 7384

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This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.

Discrimination and the Law 2e

Author: Malcolm Sargeant

Publisher: Routledge

ISBN: 1351214128

Category: Law

Page: 174

View: 2728

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Discrimination and the Law provides an exploration and evaluation of discrimination law, focusing primarily on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which discrimination law has evolved. The second edition has been thoroughly updated and includes a new chapter considering discrimination against trade unionists, discrimination against ‘non-standard’ workers as well as the public sector equality duty. The book begins with an examination of what is meant by such concepts as equality and discrimination followed by an analysis of the Equality Act 2010 and the impact of EU and international law. All the protected characteristics contained in the Equality Act 2010 are critically considered (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation). Issues not covered by the legislation such as those relating to multiple discrimination and caste discrimination are also analysed. Important cases from the UK courts as well as international courts are considered. The book also contains an appendix with the most relevant parts of the 2010 Act. Important cases are highlighted in the text and some reflections as the basis for further discussion are included at the end of each chapter. This is an essential introduction to the wide-ranging law relating to discrimination in the UK for law, HRM and business students.

Equality: A New Framework

Report of the Independent Review of the Enforcement of UK Anti-Discrimination Legislation

Author: Bob Hepple,Mary Coussey,Tufyal Choudhury

Publisher: Bloomsbury Publishing

ISBN: 1847312322

Category: Law

Page: 144

View: 8954

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The need for a legislative framework for ensuring equality of opportunity is not seriously questioned in the UK. However,despite the presence on the Statute book of various significant pieces legislation dating back to the mid 1970s, there remain deep-seated structural disadvantages which blight the lives of many women, Black and Asian people, and disabled persons. The Stephen Lawrence inquiry report highlighted the presence of institutionalised racism in the police. Similar barriers can also be found in other public services and in private sector organisations. There are also insistent demands for the extension of legislation to cover discrimination on other grounds such as religion, age and sexual orientation. Discriminatory behaviour cannot be remedied by legislation alone, or simply by the actions of government, courts and tribunals and Commissions. Political and social leadership, customer and peer pressure, the development of good practices and campaigning all have a crucial part to play. Employers, trade unions, social organisations and clubs, service providers and individuals all have to take voluntary action to achieve the goals of the legislation. One thing that is clear is that the present legislation is badly in need of modernisation. The present acts are outdated, piecemeal and inconsistent. They fall short of the standards set by EU law, international human rights law, and the Human Rights Act. In writing this report, the authors set out to develop an accessible and cost-effective legislative framework for ensuring equality of opportunity, and to propose other measures which will promote equal opportunity policies and spur compliance with those policies. In the course of preparing the report they have considered experience in other countries. They have heard from many individuals and organisations who have either experienced the effects of discrimination or attempted to counter it. They conducted a survey of employers in Britain, Northern Ireland and the USA, which shows that human resource managers are looking for a new more inclusive approach not only to prevent discrimination but also to provide positively for the fair participation of all groups. These views, together with those of an advisory group drawn from government, the Commissions, and tribunals, as well as a panel of academic and practising lawyers, form the backdrop to the recommendations contained in this report. Coming at a time when the Government is committed to introducing new equality legislation the report is bound to be highly influential. It will be essential reading for all those interested in human rights, discrimination and employment law, and human resources management. TABLE OF CONTENTS Introduction - Aims and Methodology Ch. 1 - Why a new famework is needed Ch. 2 - Harmonising legislation and institutions Ch. 3 - Changing organisational policy and behaviour Ch. 4 - Making procedures and remedies more effective Appendices The research was sponsored by the Joseph Rowntree Charitable Trust and the Nuffield Foundation, and was conducted under the auspices of the Centre for Public Law and the Judge Institute of Management Studies in the University of Cambridge.