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The Logic of Equality: A Formal Analysis of Non-Discrimination Law

The Logic of Equality: A Formal Analysis of Non-Discrimination Law

Paperback

Series: Routledge Revivals

General Law

Currently unavailable to order

ISBN10: 1138715530
ISBN13: 9781138715530
Publisher: Routledge
Published: Nov 11 2019
Pages: 152
Language: English
This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.

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General Law