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.
Author(s): Sandra Fredman
Series: Clarendon Law Series
Edition: Hardcover, 2nd ed.
Publisher: Oxford University Press
Year: 2011
Language: English
Pages: 348
Tags: Discrimination--Law and legislation; Discrimination--Law and legislation--Great Britain
Contents
Table of Cases xiii
Table of Legislation and Statutory Materials xxvii
List of Abbreviations xxxiii
1. Equality: Concepts and Controversies 1
I The Principle of Equality 4
II Competing Values: Liberty or Equality 33
III Conclusion 37
2. Social Context and Legal Developments 38
I Gender 38
II Race and Ethnicity 50
III Gypsies and Travellers 69
IV Religion and Belief 73
V Sexual Orientation 86
VI Gender Reassignment 93
VII Disability 95
VIII Age Discrimination 101
IX Conclusion 108
3. The Scope of Discrimination Law 109
I Grounds of Discrimination 110
II Scope of Discrimination Law 143
III Who is Bound? 148
4. Legal Concepts: Direct, Indirect Discrimination,
and Beyond 153
I Equal Pay Legislation: The Shackled Giant 156
II Direct Discrimination 166
III Indirect Discrimination 177
IV Competing Priorities: Justifying Discrimination 190
V The Difficult Divide: The Role of Motive and Intention
in Direct and Indirect Discrimination 203
VI Duty of Accommodation or Adjustment 214
VII Equality as Proportionality 221
VIII Equality as Dignity 227
IX Positive Duties to Promote Equality 230
X Conclusion 231
5. Symmetry or Substance: Reverse Discrimination 232
I Concepts of Equality and Reverse Discrimination 233
II Reverse Discrimination and the Law: Contrasting
Jurisdictions 237
III Aims and Effectiveness 259
IV Conclusion 278
6. Rights and Remedies: The Limits of the Law 279
I Adversarialism: The Narrow Reach of Adjudication 280
II Agency Enforcement 295
III ‘Fourth Generation’ Equality: Positive Duties 299
IV Conclusion 335
Index 337
