Making Anti-racial Discrimination Law
Author: Iyiola Solanke
Publisher:
Published: 2009
Total Pages: 256
ISBN-13:
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Author: Iyiola Solanke
Publisher:
Published: 2009
Total Pages: 256
ISBN-13:
DOWNLOAD EBOOKAuthor: Iyiola Solanke
Publisher: Routledge
Published: 2009
Total Pages: 258
ISBN-13: 0415467802
DOWNLOAD EBOOKTaking a comparative approach this book examines the evolution of anti-racial discrimination law from a socio-legal perspective. The book focuses primarily on Great Britain and Germany but also demonstrates how national politics feeds into EU policy.
Author: Iyiola Solanke
Publisher: Routledge
Published: 2012-08-21
Total Pages: 258
ISBN-13: 1134034059
DOWNLOAD EBOOKMaking Anti-Racial Discrimination Law examines the evolution of anti-racial discrimination law from a socio-legal perspective. Taking a comparative and interdisciplinary approach, the book does not simply look at race and society or race and law but brings these areas together by drawing out the tension in the process, in different countries, by which race becomes a policy issue which is subsequently regulated by law. Moving beyond traditional social movement theory to include the extreme right wing as a social actor, the study identifies the role of extreme right wing confrontation in agenda setting and law-making, a feature often neglected in studies of social action. In so doing, it identifies the influence of both the extreme right and liberalism on anti-racial discrimination law. Focusing primarily on Great Britain and Germany, the book also demonstrates how national politics feeds into EU policy and identifies some of the challenges in creating a high and uniform level of protection against racial discrimination throughout the EU. Using primary archival materials from Germany and the UK, the empirical richness of this book constitutes a valuable contribution to the field of anti-racial discrimination law, at both undergraduate and postgraduate level. The book will interest specialists and academics in law, sociology and political science as well as non-specialists, who will find this study stimulating and useful to expand their knowledge of anti-racial discrimination law or pursue teaching goals, policy objectives and reform agendas.
Author: Mathias Möschel
Publisher: Routledge
Published: 2014-09-15
Total Pages: 247
ISBN-13: 1317811526
DOWNLOAD EBOOKCritical Race Theory (CRT) is virtually unheard of in European scholarship, especially among legal scholars. Law, Lawyers and Race: Critical Race Theory from the United States to Europe endeavours to fill this gap by providing an overview of the definition and consequences of CRT developed in American scholarship and describing its transplantation and application in the continental European context. The CRT approach adopted in this book illustrates the reasons why the relationship between race and law in European civil law jurisdictions is far from anodyne. Law plays a critical role in the construction, subordination and discrimination against racial minorities in Europe, making it comparable, albeit in slightly different ways, to the American experience of racial discrimination. Anti-Semitism, Islamophobia, anti-Roma and anti-Black racism constitute a fundamental factor, often tacitly accepted, in the relationship between law and race in Europe. Consequently, the broadly shared anti-race and anti-racist position is problematic because it acts to the detriment of victims of racism while privileging the White, Christian, male majority. This book is an original exploration of the relationship between law and race. As such it crosses the disciplinary divide, furthering both legal scholarship and research in Race and Ethnicity Studies.
Author: Deborah Hellman
Publisher: OUP Oxford
Published: 2013-11-28
Total Pages: 306
ISBN-13: 0191641294
DOWNLOAD EBOOKHow do we understand and justify the particular partialities that discrimination law tries to protect against? Are different discrimination laws from around the world grounded in a single set of norms? And does discrimination law fail to treat people as individuals? The philosophical study around discrimination law in the private and public sector is a relatively young field of inquiry. This is owing to the fact that anti-discrimination laws are relatively new. It is arguably only since the Second World War that these rights have been adopted by countries in a broad sense, ensuring that all citizens have civil rights and the right to non-discrimination. Theory around discrimination law has until recently been threefold, doctrinal in its approach, questioning equality - why it matters and why should it influence legislatures in the design of policy - and thirdly focusing on the issue of affirmative action. This volume takes a fresh look at the philosophy of discrimination law, identifying points of discussion in need of further study. It addresses how we are to understand and justify laws prohibiting discrimination. For instance, how discrimination might be best conceived - as a personal wrong or as an unfair distribution of resources. The volume then turns to a number of meta-theoretical questions, whether different discrimination laws are coherent and grounded in collectively held beliefs or are instead a collection of very different rules that have no underlying coherence. Lastly, the authors focus on issues in discrimination law that are currently the topic of considerable political debate. The questions raised here are urgent and necessary and it is the hope of the authors that other academics and philosophers may join in their discussions.
Author: Christopher McCrudden
Publisher: Dartmouth Publishing Company
Published: 1991
Total Pages: 584
ISBN-13:
DOWNLOAD EBOOKSince the early 1990s, there has been an enormous growth in scholarship addressing the theoretical aspects of anti-discrimination law. Touching upon a number of jurisdictions, this volume collects many of the most illuminating articles published since then. The studies are placed into context by a specially written introduction.
Author: Sandra F. Sperino
Publisher: Oxford University Press
Published: 2017-05-01
Total Pages: 233
ISBN-13: 0190278390
DOWNLOAD EBOOKIt 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: Ibram X. Kendi
Publisher: Penguin
Published: 2023-09-12
Total Pages: 209
ISBN-13: 0593461614
DOWNLOAD EBOOKThe #1 New York Times bestseller that sparked international dialogue is now a book for young adults! Based on the adult bestseller by Ibram X. Kendi, and co-authored by bestselling author Nic Stone, How to be a (Young) Antiracist will serve as a guide for teens seeking a way forward in acknowledging, identifying, and dismantling racism and injustice. The New York Times bestseller How to be an Antiracist by Ibram X. Kendi is shaping the way a generation thinks about race and racism. How to be a (Young) Antiracist is a dynamic reframing of the concepts shared in the adult book, with young adulthood front and center. Aimed at readers 12 and up, and co-authored by award-winning children's book author Nic Stone, How to be a (Young) Antiracist empowers teen readers to help create a more just society. Antiracism is a journey--and now young adults will have a map to carve their own path. Kendi and Stone have revised this work to provide anecdotes and data that speaks directly to the experiences and concerns of younger readers, encouraging them to think critically and build a more equitable world in doing so.
Author: Tanya Katerí Hernández
Publisher: BRILL
Published: 2019-03-19
Total Pages: 75
ISBN-13: 9004345957
DOWNLOAD EBOOKThis fifth volume in the Brill Research Perspectives in Comparative Discrimination Law surveys the field of comparative race discrimination law for the purpose of providing an introduction to the nature of comparing systems of discrimination and the transnational search for effective equality laws and policies. This volume includes the perspectives of racialized subjects (subalterns) in the examination of the reach of the laws on the ground. It engages a variety of legal and social science resources in order to compare systems across a number of contexts (such as the United States, Canada, France, South Africa, Brazil, Colombia, Peru, Hong Kong, Japan, Korea, Israel, India, and others). The goal is to analyze the strengths and weaknesses of various kinds of anti-discrimination legal devices to aid in the study of law reform efforts across the globe centered on racial equality.
Author: Timo Makkonen
Publisher: Martinus Nijhoff Publishers
Published: 2012-01-06
Total Pages: 454
ISBN-13: 9004217061
DOWNLOAD EBOOKAn 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.