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图书目录:1. Equality: Concepts and Controversies
I The principle of equality (i) Background and development (ii) Formal equality or equality as consistency (iii) Equality of results (iv) Equality of opportunity II A value driven approach (i) Dignity (ii) Remedial and restitutionary aims (iii) Distributive justice (iv) Participative democracy Ill Competing values: liberty or equality (i) Liberty (ii) Business or market oriented concerns IV Conclusion 2. Sources of Discrimination: Racism, Sexism, and Prejudice I Women II Race, religion, and ethnicity III Sexual orientation IV Disability V Age discrimination 3. The Scope of Discrimination Law I Grounds of discrimination (i) Defining the grounds of discrimination: who decides and how? (ii) Stretching existing categories: semantics or substance (iii) Generating protected grounds: judicial principles II Scope ofdiscrimination law (i) Sex, race, and disability discrimination legislation (ii) The Human Rights Act 1998, incorporating the ECHR (iii) EU law III Conclusion 4. Legal Concepts: Direct, Indirect Discrimination, and Beyond I Treat likes alike: equal pay and direct discrimination (i) Consistency rather than substance (ii) Equality as conformity: the need for a comparator (iii) Competing priorities: justifying discrimination and market constraints (iv) The aims of direct discrimination: symmetry II Indirect discrimination (i) Substance or consistency (ii) The role of the comparator (iii) Competing priorities (iv) Aims of indirect discrimination III Equality as proportionality IV Equality as dignity V Beyond indirect discrimination: equal opportunities and positive duties 5. Symmetry or Substance: Reverse Discrimination I Concepts of equality and reverse discrimination (i) Formal equality: symmetry and State neutrality (ii) Substantive equality (iii) Equal opportunities II Reverse discrimination and the law: contrasting jurisdictions (i) The UK: the dominance of formal equality (ii) EC law: equal opportunities (iii) Fair employment and Northern Ireland: equal opportunity or substantive justice (iv) Symmetry v. substance: the US Supreme Court III Aims and effectiveness (i) Removal of barriers and redressing past disadvantage (ii) Representation and perspective (iii) Role models and diversity (iv) Competing claims,: preference for whom? IV Conclusion 6. Rights and Remedies: the Limits of the Law I Adversarialism: the narrow reach of adjudication (i) Tribunals (ii) County courts, the High Court and the ECJ (iii) Remedies (iv) A critique of the adversarial structure II Agency enforcement III ‘Fourth generation' equality: positive duties (i) To whom does the duty apply? (ii) The duty: triggers and content (iii) Process ofdecision-making: participatory democracy (iv) Enforceability (v) Aims and objectives IV Conclusion |