A Pluralist Theory of Age Discrimination

A Pluralist Theory of Age Discrimination
Author: Stuart Goosey
Publisher: Bloomsbury Publishing
Total Pages: 346
Release: 2021-01-28
Genre: Law
ISBN: 1509933778

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This book provides a comprehensive theory of age discrimination that can guide the direct and indirect age discrimination provisions of the Equality Act 2010. The Act holds that unequal treatment on the grounds of age and measures that are on their face age-neutral but have the effect of disadvantaging particular age groups are lawful only if the treatment can be shown either to be a 'proportionate means of achieving a legitimate aim' or if the treatment fits into a specifically prescribed exception. In this way, the proportionality test distinguishes justified and unjustified age-differential treatment with only the former legally permissible. This book outlines and defends a pluralist theory of age discrimination that assists in making the distinction between justified and unjustified age-differential treatment. The theory identifies the principles that explain when and why age-differential treatment wrongs people and the principles that can justify this treatment. It is a pluralist theory because it recognises that age-differential treatment can wrong people for a number of different, overlapping reasons, and these different reasons should inform how we apply age discrimination law. The pluralist approach to age discrimination theory can improve legal reasoning in age discrimination cases by articulating the relevant principles and competing interests that are at stake in age discrimination claims. In constructing the theory, the book adopts the reflective equilibrium method. This requires that we examine our initial moral beliefs about age discrimination by seeking coherence with beliefs we have about similar moral and philosophical issues and revising the initial beliefs as a result of challenges to them. In applying this method, the book identifies the following five principles to form a pluralist theory of age discrimination: equality of opportunity, social equality, respect, autonomy and efficiency.

Age Discrimination

Age Discrimination
Author: Sue Thompson
Publisher: Russell House Publishing Limited
Total Pages: 108
Release: 2005
Genre: Social Science
ISBN:

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'Age Discrimination' is part of the 'Theory Into Practice' series. This series fills a significant gap in the market for short, user-friendly texts, written by experts, that succinctly introduce sets of theoretical ideas, relate them clearly to practice issues, and guide the reader to further learning.

Age Discrimination

Age Discrimination
Author: John Macnicol
Publisher:
Total Pages: 320
Release: 2006
Genre: Age discrimination in employment
ISBN: 9781107316515

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A unique interdisciplinary analysis of the age discrimination debate in Britain and the USA.

Research Handbook on Law, Society and Ageing

Research Handbook on Law, Society and Ageing
Author: Sue Westwood
Publisher: Edward Elgar Publishing
Total Pages: 615
Release: 2024-08-06
Genre: Law
ISBN: 1803925299

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In an era where the population is rapidly ageing, this timely Research Handbook addresses the wide-ranging social and legal issues concerning older people.

The Economic Emergence of Women

The Economic Emergence of Women
Author: B. Bergmann
Publisher: Springer
Total Pages: 262
Release: 2005-09-16
Genre: Social Science
ISBN: 1403982589

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This new edition of a classic feminist book explains how one of the great historical revolutions - the ongoing movement toward equality between the sexes - has come about. Its origins are to be found, not in changing ideas, but in the economic developments that have made women's labour too valuable to be spent exclusively in domestic pursuits. The revolution is unfinished; new arrangements are needed to fight still-prevalent discrimination in the workplace, to achieve a more just sharing of housework and childcare between women and men, and, with the weakening of the institution of marriage, to re-erect a firm economic basis for the raising of children.

Faces of Inequality

Faces of Inequality
Author: Sophia Moreau
Publisher: Oxford University Press, USA
Total Pages: 277
Release: 2020
Genre: Law
ISBN: 0190927305

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This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaints by thinking of them as complaints about different ways in which they have not been treated as equals in their societies--in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good, that is, a good that this person must have access to if they are to be, and to be seen as, an equal in their society. The book devotes a chapter to each of these wrongs, exploring in detail what unfair subordination consists of; what deliberative freedoms are, and when each of us has a right to them; and what it means to deny someone access to a basic good. The author explains why these wrongs are each distinctive, but are each a different way of failing to treat some people as the equals of others. Finally the author argues that both the state and we as individuals have a duty to treat others as equals, in these three specific senses.

New Private Law Theory

New Private Law Theory
Author: Stefan Grundmann
Publisher: Cambridge University Press
Total Pages: 553
Release: 2021-03-18
Genre: Law
ISBN: 1108486509

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New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.

Confident Pluralism

Confident Pluralism
Author: John D. Inazu
Publisher: University of Chicago Press
Total Pages: 177
Release: 2016-05-12
Genre: Business & Economics
ISBN: 022636545X

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"In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—live together peaceably despite these deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties, and minority viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion"--cover page verso.

Philosophical Foundations of Discrimination Law

Philosophical Foundations of Discrimination Law
Author: Deborah Hellman
Publisher:
Total Pages: 306
Release: 2013-10
Genre: Law
ISBN: 0199664315

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Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.