
Discrimination Law
Series: Clarendon Law Series;
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25 811 Ft
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Product details:
- Edition number 3
- Publisher OUP Oxford
- Date of Publication 29 December 2022
- ISBN 9780198859277
- Binding Paperback
- No. of pages576 pages
- Size 216x140x30 mm
- Weight 688 g
- Language English 546
Categories
Short description:
A challenging, yet highly accessible, introduction to discrimination law which highlights the major issues and asks how the right to equality can be made more effective. This edition includes expanded material on how jurisdictions formulate grounds of discrimination with thematic analysis on topics such as racism, sexism, and LGBTQ+ rights.
MoreLong description:
This book is a challenging, thought-provoking yet highly accessible introduction to discrimination law. It takes a thematic approach, illuminating the major issues in discrimination law, while imparting an in-depth understanding of the strengths and weaknesses of legal responses to complex social problems of inequality. This is enhanced by the comparative approach. By considering equality law in the UK, US, India, Canada, and South Africa, as well as the European Union and under the European Convention on Human Rights, the book exposes common problems across different jurisdictions and canvasses a variety of differing solutions.
As in the highly successful previous editions, the book locates discrimination law within its historical and social context. One of its major strengths is the development of an analytic framework of substantive equality, drawing on a range of sources, and the author's wide experience of equality law in many jurisdictions. As well as chapters charting the social challenges and legal responses, the book compares the ways in which different jurisdictions formulate grounds of discrimination or protected characteristics; the meaning of key concepts such as direct discrimination (disparate treatment); indirect discrimination (disparate impact); and when limitations on equality are legitimate. Later chapters test these concepts in some of the most challenging contexts: pregnancy and parenting, equal pay, reasonable accommodation, and sexual harassment; as well as to the particularly controversial issue of affirmative action or deliberate preference policies. Discussing at length how racisms, sexism, LGBTQ+ rights, and other topics impact these contexts. The final chapter asks how the right to equality can be made more effective, critically assessing the paradigm individual complaints model, and possible alternatives, from class actions and strategic litigation to mainstreaming and positive duties to promote equality.
Review from previous edition Professor Fredman's treatise on discrimination law is most welcome. Her lucid, practical exposition of the tough concepts and decisions in this field is indispensable to both practitioners and academics who must grapple with its problems. Most importantly, to her whole treatment she brings an illuminating understanding of the values of social justice and human dignity that powerfully underlie laws against discrimination.
Table of Contents:
Equality: Concepts and Controversies
Social Context and Legal Developments: Gender, Race, and Religion
Social Context and Legal Developments: Sexual Orientation, Gender Identity, Disability, and Age
The Scope of Discrimination Law
Legal Concepts: Direct, Indirect Discrimination, and Beyond
Challenges and Contestations: Pregnancy and Parenting, Equal Pay, Sexual Harassment, and Duty Of Accommodation
Symmetry or Substance: Reversing Discrimination
Making Equality Effective: Refashioning Remedies

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