Foundations of Indirect Discrimination Law
eBook - PDF

Foundations of Indirect Discrimination Law

  1. 304 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Foundations of Indirect Discrimination Law

About this book

Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies. Cited by Justice Miller in R v Sharma, 2020 ONCA 478, Court of Appeal for Ontario, 24 July 2020; by Justice Abella in Fraser v Canada (Attorney General), 2020 SCC 28, Supreme Court of Canada, 16 October 2020; and by Justice Chandrachud in Nitisha v Union of India, WP(C) No-001109 - 2020, Supreme Court of India, 25 March 2021.

Frequently asked questions

Yes, you can cancel anytime from the Subscription tab in your account settings on the Perlego website. Your subscription will stay active until the end of your current billing period. Learn how to cancel your subscription.
No, books cannot be downloaded as external files, such as PDFs, for use outside of Perlego. However, you can download books within the Perlego app for offline reading on mobile or tablet. Learn more here.
Perlego offers two plans: Essential and Complete
  • Essential is ideal for learners and professionals who enjoy exploring a wide range of subjects. Access the Essential Library with 800,000+ trusted titles and best-sellers across business, personal growth, and the humanities. Includes unlimited reading time and Standard Read Aloud voice.
  • Complete: Perfect for advanced learners and researchers needing full, unrestricted access. Unlock 1.4M+ books across hundreds of subjects, including academic and specialized titles. The Complete Plan also includes advanced features like Premium Read Aloud and Research Assistant.
Both plans are available with monthly, semester, or annual billing cycles.
We are an online textbook subscription service, where you can get access to an entire online library for less than the price of a single book per month. With over 1 million books across 1000+ topics, we’ve got you covered! Learn more here.
Look out for the read-aloud symbol on your next book to see if you can listen to it. The read-aloud tool reads text aloud for you, highlighting the text as it is being read. You can pause it, speed it up and slow it down. Learn more here.
Yes! You can use the Perlego app on both iOS or Android devices to read anytime, anywhere — even offline. Perfect for commutes or when you’re on the go.
Please note we cannot support devices running on iOS 13 and Android 7 or earlier. Learn more about using the app.
Yes, you can access Foundations of Indirect Discrimination Law by Hugh Collins, Tarunabh Khaitan, Hugh Collins,Tarunabh Khaitan in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Hart Publishing
Year
2018
Print ISBN
9781509939664
eBook ISBN
9781509912568
Edition
1
Topic
Law
Subtopic
Law Theory & Practice
Index
Law

Table of contents

  1. Acknowledgements
  2. Contents
  3. List of Contributors
  4. Acknowledgements
  5. 1. Indirect Discrimination Law: Controversies and Critical Questions
  6. 2. Direct and Indirect Discrimination: Is There Still a Divide?
  7. 3. Approaching the Indirect–Direct Discrimination Distinction: Concepts, Justifications and Policies
  8. 4. Judicial Scepticism of Discrimination at the ECtHR
  9. 5. Indirect Discrimination and the Duty to Avoid Compounding Injustice
  10. 6. The Moral Seriousness of Indirect Discrimination
  11. 7. Squaring the Circle: Can an Egalitarian and Individualistic Conception of Freedom of Religion or Belief Co-exist with the Notion of Indirect Discrimination?
  12. 8. Indirect Discrimination, Affirmative Action and Relational Egalitarianism
  13. 9. Wrongs, Group Disadvantage and the Legitimacy of Indirect Discrimination Law
  14. 10. Anti-discrimination Law and the Duty t o Integrate
  15. 11. Justice for Foxes: Fundamental Rights and Justification of Indirect Discrimination
  16. Index