• Law

Discrimination Law


Author: Sandra Fredman
Publisher: Oxford University Press on Demand
ISBN: 0199584427
Category: Law
Page: 348
View: 4033
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.

    • Law

Natural Law and Natural Rights


Author: John Finnis
Publisher: OUP Oxford
ISBN: 0191021547
Category: Law
Page: 512
View: 860
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.

    • Law

Equity


Author: Sarah Worthington
Publisher: OUP Oxford
ISBN: 0191018619
Category: Law
Page: 400
View: 4136
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.

    • Law

Employment Law


Author: Hugh Collins
Publisher: Oxford University Press, USA
ISBN: 0199566550
Category: Law
Page: 265
View: 5136
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.

    • Law

Law and Gender


Author: Joanne Conaghan
Publisher: Oxford University Press
ISBN: 0199592926
Category: Law
Page: 253
View: 5001
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.

    • Law

Discrimination Law


Author: Sandra Fredman FBA
Publisher: OUP Oxford
ISBN: 0191621080
Category: Law
Page: 384
View: 2685
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.

    • Law

A Theory of Discrimination Law


Author: Tarunabh Khaitan
Publisher: OUP Oxford
ISBN: 0191066389
Category: Law
Page: 272
View: 7136
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

The Idea of Arbitration


Author: Jan Paulsson
Publisher: OUP Oxford
ISBN: 0191620939
Category: Law
Page: 336
View: 4999
What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It exlores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life. Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitraton can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes? This volume explores what the parties can expect of an arbitrator, and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.

    • Law

The Concept of Law


Author: HLA Hart
Publisher: OUP Oxford
ISBN: 0191630071
Category: Law
Page: 400
View: 2960
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.

    • Philosophy

Taking Rights Seriously


Author: Ronald Dworkin
Publisher: A&C Black
ISBN: 1780938330
Category: Philosophy
Page: 448
View: 479
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.

    • 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: 1490
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.

    • Law

Roman Law & Comparative Law


Author: Alan Watson
Publisher: University of Georgia Press
ISBN: 9780820312613
Category: Law
Page: 328
View: 306
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.

    • Law

Intellectual Property


Author: Michael Spence
Publisher: OUP Oxford
ISBN: 0191018805
Category: Law
Page: 384
View: 8073
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.

Law and Values in the European Union


Author: Stephen Weatherill
Publisher: Oxford University Press
ISBN: 0199557268
Category:
Page: 480
View: 5944
How has European Union developed since its origins in the reconstruction of Europe in the wake of the Second World War, and why has it developed in this fashion? The principal theme of this book maintains that the EU is a site for the management of the interdependence of the States that are its members. A whole host of challenges - from climate change to security to migration to economic reform - can be tackled more effectively through multilateral action than by unilateral State action and the EU has become the principal location for that action in common. In essence, the States of the EU are stronger together than apart. In order to achieve multilateral action and participation, the EU requires its own legal order, comprising a range of legislative competences, political and judicial institutions, and a carefully shaped relationship with national law. In one sense, this legal order represents control over State autonomy yet in another it serves as means to ensure States, acting collectively, can meet the aspirations of their citizens in an interdependent world. The EU, as its power has increased, also needs to address questions of democracy, accountability, respect for fundamental rights and for national and local diversity. It should not be measured against the same benchmarks of legitimacy as a State as it will always fail, but it does need to achieve legitimacy. It needs, in short, values. And its Treaties aspire to grant it values. Does its system of governance, heavily implicated in the conferral of rights on individuals enforceable against the EU and Member States, today in areas far beyond the economy, live up to those aspirations? And can it? That is the terrain mapped by this book.

    • Social Science

Same Sex

Debating the Ethics, Science, and Culture of Homosexuality
Author: John Corvino
Publisher: Rowman & Littlefield
ISBN: 9780847684830
Category: Social Science
Page: 422
View: 5001
'Same Sex' presents a comprehensive anthology on homosexuality, exploring historical conceptions of homosexuality, homosexual identity, and a variety of public policy issues.

    • Law

Legal Reasoning and Legal Theory


Author: Neil MacCormick
Publisher: Clarendon Press
ISBN: 0191018597
Category: Law
Page: 322
View: 2250
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.

    • Law

Discrimination and the Law 2e


Author: Malcolm Sargeant
Publisher: Routledge
ISBN: 1351214128
Category: Law
Page: 174
View: 5914
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.

    • Law

Smith & Wood's Employment Law


Author: Ian Smith,Aaron Baker
Publisher: Oxford University Press, USA
ISBN: 0198727356
Category: Law
Page: 888
View: 375
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.

    • Discrimination

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: 3502
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.

    • Law

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: 7848
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.