Equal in Law, Unequal in Fact

Equal in Law, Unequal in Fact PDF

Author: Timo Makkonen

Publisher: Martinus Nijhoff Publishers

Published: 2012-01-05

Total Pages: 455

ISBN-13: 9004217053

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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.

The Logic of Equality

The Logic of Equality PDF

Author: Eric Heinze

Publisher: Routledge

Published: 2018-05-08

Total Pages: 152

ISBN-13: 1351770144

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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.

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

There is no good reason to treat people as equals because they are manifestly unequal Discuss PDF

Author: Lucia Schuster

Publisher: GRIN Verlag

Published: 2003-06-03

Total Pages: 10

ISBN-13: 3638193780

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Essay from the year 2002 in the subject Philosophy - Miscellaneous, grade: 1,7 (A-), University of Southampton (Department of Philosophy), course: Philosophical Theory, 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. [...]

Unequal

Unequal PDF

Author: Sandra F. Sperino

Publisher: Oxford University Press

Published: 2017

Total Pages: 233

ISBN-13: 0190278382

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This work describes what happens when workers file employment discrimination cases in federal court.

Communities in Action

Communities in Action PDF

Author: National Academies of Sciences, Engineering, and Medicine

Publisher: National Academies Press

Published: 2017-04-27

Total Pages: 583

ISBN-13: 0309452961

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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.

Personalized Law

Personalized Law PDF

Author: Omri Ben-Shahar

Publisher: Oxford University Press

Published: 2021-05-17

Total Pages: 257

ISBN-13: 0197522831

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We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.

Unequal Treatment

Unequal Treatment PDF

Author: Institute of Medicine

Publisher: National Academies Press

Published: 2009-02-06

Total Pages: 781

ISBN-13: 030908265X

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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.

Not Enough

Not Enough PDF

Author: Samuel Moyn

Publisher: Harvard University Press

Published: 2018-04-10

Total Pages: 276

ISBN-13: 067498482X

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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.

Brown V. Board of Education

Brown V. Board of Education PDF

Author: James T. Patterson

Publisher: Oxford University Press

Published: 2001-03

Total Pages: 319

ISBN-13: 0195127161

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Appendix II contains tables and statistics on segregation and race and education.