Desmond King
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198292494
- eISBN:
- 9780191599682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829249X.003.0006
- Subject:
- Political Science, American Politics
King examines how interventions of the American federal government—namely, the United States Employment Service (USES), federal mortgage assistance, and public housing programmes—mirrored the ...
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King examines how interventions of the American federal government—namely, the United States Employment Service (USES), federal mortgage assistance, and public housing programmes—mirrored the segregationist order in which they were installed, thus consolidating residential separation by race. According to King, not only did USES discriminate in their job placements but also in its field office facilities and staff; he also shows how the anti‐discrimination policies of the USES were failures and explores the reasons. Next, King traces the evolution of federal public housing and mortgage assistance programmes, focusing especially on the policies of the US Federal Housing Authority (FHA) and responses from organizations such as the National Association for the Advancement of Colored People (NAACP).Less
King examines how interventions of the American federal government—namely, the United States Employment Service (USES), federal mortgage assistance, and public housing programmes—mirrored the segregationist order in which they were installed, thus consolidating residential separation by race. According to King, not only did USES discriminate in their job placements but also in its field office facilities and staff; he also shows how the anti‐discrimination policies of the USES were failures and explores the reasons. Next, King traces the evolution of federal public housing and mortgage assistance programmes, focusing especially on the policies of the US Federal Housing Authority (FHA) and responses from organizations such as the National Association for the Advancement of Colored People (NAACP).
Christian Joppke
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198295402
- eISBN:
- 9780191599576
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295405.003.0002
- Subject:
- Political Science, International Relations and Politics
The USA's re‐opening to large‐scale immigration after World War II, particularly in regard to the legislative reforms of 1986 and 1990, contrasts with Europe's exclusionary policies after the first ...
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The USA's re‐opening to large‐scale immigration after World War II, particularly in regard to the legislative reforms of 1986 and 1990, contrasts with Europe's exclusionary policies after the first oil crisis. Two factors help explain this development. First, the impact of the civil rights movement in undermining, in the case of anti‐discrimination, effective controls on illegal immigration and quotas on legal immigration; second, the adoption of a low profile for immigration throughout the 1980s, which allowed well‐organized minority groups to challenge policy devised for protection of the broader public interest.Less
The USA's re‐opening to large‐scale immigration after World War II, particularly in regard to the legislative reforms of 1986 and 1990, contrasts with Europe's exclusionary policies after the first oil crisis. Two factors help explain this development. First, the impact of the civil rights movement in undermining, in the case of anti‐discrimination, effective controls on illegal immigration and quotas on legal immigration; second, the adoption of a low profile for immigration throughout the 1980s, which allowed well‐organized minority groups to challenge policy devised for protection of the broader public interest.
Tonia Novitz and David Mangan (eds)
- Published in print:
- 2011
- Published Online:
- January 2013
- ISBN:
- 9780197264911
- eISBN:
- 9780191754098
- Item type:
- book
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264911.001.0001
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This book examines the multi-faceted ways in which labour standards can play a role in the achievement of development. A variety of critical perspectives are presented here, with contributions from a ...
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This book examines the multi-faceted ways in which labour standards can play a role in the achievement of development. A variety of critical perspectives are presented here, with contributions from a number of different disciplines, including law, politics, and economics. The book begins by considering potential theoretical connections between work and development, acknowledging controversy over how the latter should be approached, interpreted, and rendered ‘sustainable’. The remainder of the collection is devoted to an analysis of the part that protection of labour standards can play in developmental terms, with reference to concrete issues: anti-discrimination, child labour, trade relations, and social dialogue. The book's final chapter reflects on how theory has been and could be put into practice. The theme that transcends all the contributions to this collection is that of human agency. The authors are not merely interested in the realisation of an individual person's ‘functioning’ in society (which development will assist), but also with the ways that people can be engaged in the very process of defining what development aims should and can be. They do not wish to see economic, social, and environmental development objectives as being determined by technical experts and implemented according to their prescriptions. Rather, they consider development in procedural as well as substantive terms, and in participatory as well as material terms.Less
This book examines the multi-faceted ways in which labour standards can play a role in the achievement of development. A variety of critical perspectives are presented here, with contributions from a number of different disciplines, including law, politics, and economics. The book begins by considering potential theoretical connections between work and development, acknowledging controversy over how the latter should be approached, interpreted, and rendered ‘sustainable’. The remainder of the collection is devoted to an analysis of the part that protection of labour standards can play in developmental terms, with reference to concrete issues: anti-discrimination, child labour, trade relations, and social dialogue. The book's final chapter reflects on how theory has been and could be put into practice. The theme that transcends all the contributions to this collection is that of human agency. The authors are not merely interested in the realisation of an individual person's ‘functioning’ in society (which development will assist), but also with the ways that people can be engaged in the very process of defining what development aims should and can be. They do not wish to see economic, social, and environmental development objectives as being determined by technical experts and implemented according to their prescriptions. Rather, they consider development in procedural as well as substantive terms, and in participatory as well as material terms.
Mark Bell
- Published in print:
- 2011
- Published Online:
- January 2013
- ISBN:
- 9780197264911
- eISBN:
- 9780191754098
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264911.003.0006
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter explores how equality is pursued, comparing two approaches. In Europe, legal responses to inequality have tended to focus on anti-discrimination legislation. This approach attempts to ...
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This chapter explores how equality is pursued, comparing two approaches. In Europe, legal responses to inequality have tended to focus on anti-discrimination legislation. This approach attempts to bring about equality by giving individuals a right to challenge discrimination through litigation before courts or other adjudicatory bodies. In contrast, the promotion of social inclusion has been more typically linked with policy-based mechanisms, not amenable to judicial enforcement. A dichotomy thus arises between two pathways for advancing equality: antidiscrimination and social inclusion. The chapter begins by reviewing in more detail the characteristics, strengths, and pitfalls of each of these two approaches. It then seeks to explore whether these approaches might be brought together and, to this end, it examines the European Social Charter, which appears to marry some of the qualities of both approaches. It is an instrument of international law, yet it has a holistic outlook on social rights and their implementation in practice. In order to make a more concrete assessment of the Charter's potential to promote equality, two discrete case studies are considered, focusing on the social situation of Travellers in Ireland and Roma in Italy.Less
This chapter explores how equality is pursued, comparing two approaches. In Europe, legal responses to inequality have tended to focus on anti-discrimination legislation. This approach attempts to bring about equality by giving individuals a right to challenge discrimination through litigation before courts or other adjudicatory bodies. In contrast, the promotion of social inclusion has been more typically linked with policy-based mechanisms, not amenable to judicial enforcement. A dichotomy thus arises between two pathways for advancing equality: antidiscrimination and social inclusion. The chapter begins by reviewing in more detail the characteristics, strengths, and pitfalls of each of these two approaches. It then seeks to explore whether these approaches might be brought together and, to this end, it examines the European Social Charter, which appears to marry some of the qualities of both approaches. It is an instrument of international law, yet it has a holistic outlook on social rights and their implementation in practice. In order to make a more concrete assessment of the Charter's potential to promote equality, two discrete case studies are considered, focusing on the social situation of Travellers in Ireland and Roma in Italy.
Alexander Somek
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199693375
- eISBN:
- 9780191729737
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199693375.001.0001
- Subject:
- Law, Philosophy of Law, EU Law
Anti-discrimination law increasingly appears to occupy the centre of a renewed understanding of solidarity in the European Union. Not only is it, owing to its focus on equal treatment as regards ...
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Anti-discrimination law increasingly appears to occupy the centre of a renewed understanding of solidarity in the European Union. Not only is it, owing to its focus on equal treatment as regards positions and opportunities, compatible with the task of providing market access, it also seems to complement usefully the social legislation of the Member States. In the face of the widespread downsizing of the old national Welfare state, anti-discrimination law is indeed destined to be perceived as a common European achievement in the social sphere that is not merely reminiscent of a bygone age of government largesse. The book cautions, however, against premature exultation. The book uses legal analysis in order to expose the intrinsic shortcomings of anti-discrimination law, which fails to provide adequate legal guidance and invites, therefore, supplementation by pedagogical projects of social engineering. The book draws variously on the case law of the European Court of Justice, thereby exposing the bounded indeterminacy of anti-discrimination law. It points out how, because of its normative deficiency, it is systematically vulnerable to degeneration into pure casuistry. Moreover, the book also explains how the normative weakness is tacitly addressed in anti-discrimination policy’s recent move from legislation towards softer modes of modifying attitudes and behavior. The book concludes with observations concerning alternative models of solidarity in the Union.Less
Anti-discrimination law increasingly appears to occupy the centre of a renewed understanding of solidarity in the European Union. Not only is it, owing to its focus on equal treatment as regards positions and opportunities, compatible with the task of providing market access, it also seems to complement usefully the social legislation of the Member States. In the face of the widespread downsizing of the old national Welfare state, anti-discrimination law is indeed destined to be perceived as a common European achievement in the social sphere that is not merely reminiscent of a bygone age of government largesse. The book cautions, however, against premature exultation. The book uses legal analysis in order to expose the intrinsic shortcomings of anti-discrimination law, which fails to provide adequate legal guidance and invites, therefore, supplementation by pedagogical projects of social engineering. The book draws variously on the case law of the European Court of Justice, thereby exposing the bounded indeterminacy of anti-discrimination law. It points out how, because of its normative deficiency, it is systematically vulnerable to degeneration into pure casuistry. Moreover, the book also explains how the normative weakness is tacitly addressed in anti-discrimination policy’s recent move from legislation towards softer modes of modifying attitudes and behavior. The book concludes with observations concerning alternative models of solidarity in the Union.
Mark Bell
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199244508
- eISBN:
- 9780191697371
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199244508.001.0001
- Subject:
- Law, Human Rights and Immigration, EU Law
The 1999 Treaty of Amsterdam expanded significantly the legal competence of the European Union for combatting discrimination. Traditionally, EU law has concentrated on discrimination between women ...
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The 1999 Treaty of Amsterdam expanded significantly the legal competence of the European Union for combatting discrimination. Traditionally, EU law has concentrated on discrimination between women and men and discrimination on the grounds of EU nationality. However, Article 13 EC created a new legal space for the Union to regulate discrimination on the ground of racial or ethnic origin, religion or belief, disability, age, or sexual orientation. This book aims to improve our understanding of the evolution of European Union law in the field. To this end, it considers the development of EU law and policy in respect of two specific grounds of discrimination — race and sexual orientation. It provides an account of the debate within the institutions and Member States, analysis of relevant case law from the Court of Justice, and coverage of the anti-discrimination directives adopted in 2001. The book further considers the relationship between national and European anti-discrimination law. A survey of national anti-discrimination statutes is presented in order to identify the variety of legal traditions that exist in this field. The diversity of these legal cultures impacts significantly upon the scope for and nature of EU anti-discrimination legislation. The author concludes by reviewing the principle factors that have influenced the evolution of EU anti-discrimination law and applying this to an analysis of the prospects for future development.Less
The 1999 Treaty of Amsterdam expanded significantly the legal competence of the European Union for combatting discrimination. Traditionally, EU law has concentrated on discrimination between women and men and discrimination on the grounds of EU nationality. However, Article 13 EC created a new legal space for the Union to regulate discrimination on the ground of racial or ethnic origin, religion or belief, disability, age, or sexual orientation. This book aims to improve our understanding of the evolution of European Union law in the field. To this end, it considers the development of EU law and policy in respect of two specific grounds of discrimination — race and sexual orientation. It provides an account of the debate within the institutions and Member States, analysis of relevant case law from the Court of Justice, and coverage of the anti-discrimination directives adopted in 2001. The book further considers the relationship between national and European anti-discrimination law. A survey of national anti-discrimination statutes is presented in order to identify the variety of legal traditions that exist in this field. The diversity of these legal cultures impacts significantly upon the scope for and nature of EU anti-discrimination legislation. The author concludes by reviewing the principle factors that have influenced the evolution of EU anti-discrimination law and applying this to an analysis of the prospects for future development.
EYAL ZAMIR and BARAK MEDINA
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195372168
- eISBN:
- 9780199776078
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372168.003.08
- Subject:
- Law, Philosophy of Law
This chapter examines discrimination in the marketplace and, more specifically, the legitimacy and appropriate scope of anti-discrimination legislation. Following a brief survey of current legal ...
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This chapter examines discrimination in the marketplace and, more specifically, the legitimacy and appropriate scope of anti-discrimination legislation. Following a brief survey of current legal norms, it relies on positive economic analysis to explain possible motivations for discrimination. It then examines the efforts made to justify anti-discrimination legislation on standard efficiency grounds. It argues that these efforts are unsuccessful. Rather, the appropriate way to adequately capture the issues pertaining to market discrimination is to directly take into account a deontological constraint against harming people by discriminating against them. The chapter analyzes the deontological constraint against discrimination, examines the relationships between this constraint and distributive bases for anti-discrimination legislation, and demonstrates how current legal norms are best understood as resting on moderate deontology and embodying threshold constraints.Less
This chapter examines discrimination in the marketplace and, more specifically, the legitimacy and appropriate scope of anti-discrimination legislation. Following a brief survey of current legal norms, it relies on positive economic analysis to explain possible motivations for discrimination. It then examines the efforts made to justify anti-discrimination legislation on standard efficiency grounds. It argues that these efforts are unsuccessful. Rather, the appropriate way to adequately capture the issues pertaining to market discrimination is to directly take into account a deontological constraint against harming people by discriminating against them. The chapter analyzes the deontological constraint against discrimination, examines the relationships between this constraint and distributive bases for anti-discrimination legislation, and demonstrates how current legal norms are best understood as resting on moderate deontology and embodying threshold constraints.
N. Scott Arnold
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195374964
- eISBN:
- 9780199871490
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374964.003.0008
- Subject:
- Philosophy, Political Philosophy
This chapter discusses conversion arguments for and against anti-discrimination law in all of its guises. Specifically, it discusses Title VII of the 1964 Civil Rights Act, which prohibits employment ...
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This chapter discusses conversion arguments for and against anti-discrimination law in all of its guises. Specifically, it discusses Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination on the basis of race, color, religion, national origin, and gender. Also covered in is the Age Discrimination in Employment Act and the Americans With Disabilities Act.Less
This chapter discusses conversion arguments for and against anti-discrimination law in all of its guises. Specifically, it discusses Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination on the basis of race, color, religion, national origin, and gender. Also covered in is the Age Discrimination in Employment Act and the Americans With Disabilities Act.
Isabelle Rorive
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199570546
- eISBN:
- 9780191705496
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199570546.003.0006
- Subject:
- Law, Human Rights and Immigration
Broad EU anti-discrimination law has only recently developed, with the impetus given by the Treaty of Amsterdam. From an institutional point of view, it has had a major impact, resulting in the ...
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Broad EU anti-discrimination law has only recently developed, with the impetus given by the Treaty of Amsterdam. From an institutional point of view, it has had a major impact, resulting in the setting up of many national specialized bodies for the promotion of equal treatment and the reshaping of existent agencies. Beyond the large spectrum of equality bodies found across Europe, this chapter highlights general trends and presents some models that were shaped prior to any European requirement and that have influenced policy makers (equality bodies established in Great Britain, Sweden, Belgium, the Netherlands, and Ireland). It also underscores key challenges that these national institutions must address in order to improve effectively the implementation of equality norms and to achieve substantive equality.Less
Broad EU anti-discrimination law has only recently developed, with the impetus given by the Treaty of Amsterdam. From an institutional point of view, it has had a major impact, resulting in the setting up of many national specialized bodies for the promotion of equal treatment and the reshaping of existent agencies. Beyond the large spectrum of equality bodies found across Europe, this chapter highlights general trends and presents some models that were shaped prior to any European requirement and that have influenced policy makers (equality bodies established in Great Britain, Sweden, Belgium, the Netherlands, and Ireland). It also underscores key challenges that these national institutions must address in order to improve effectively the implementation of equality norms and to achieve substantive equality.
Ivan Hare
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199548781
- eISBN:
- 9780191720673
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199548781.003.0004
- Subject:
- Law, Human Rights and Immigration
This chapter places international and regional human rights instruments in their historical context before analysing the specific provisions or decisions which apply them to extreme speech. It ...
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This chapter places international and regional human rights instruments in their historical context before analysing the specific provisions or decisions which apply them to extreme speech. It concludes that these instruments provide weak protection for extreme speech because many of the instruments have their origins in the attempt to prevent fascism from rising again and because they are interpreted as part of the international campaign against discrimination. The chapter advocates the development of a more robust domestic defence of free speech based on the comparative example provided by the doctrine of the U.S. Supreme Court rather than on international norms.Less
This chapter places international and regional human rights instruments in their historical context before analysing the specific provisions or decisions which apply them to extreme speech. It concludes that these instruments provide weak protection for extreme speech because many of the instruments have their origins in the attempt to prevent fascism from rising again and because they are interpreted as part of the international campaign against discrimination. The chapter advocates the development of a more robust domestic defence of free speech based on the comparative example provided by the doctrine of the U.S. Supreme Court rather than on international norms.
Alexander Somek
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199693375
- eISBN:
- 9780191729737
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199693375.003.0008
- Subject:
- Law, Philosophy of Law, EU Law
The final truth about anti-discrimination law comes to the fore in what can be called its neoliberal predicament. It is manifest in attempts to defeat the normative deficiency without transcending ...
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The final truth about anti-discrimination law comes to the fore in what can be called its neoliberal predicament. It is manifest in attempts to defeat the normative deficiency without transcending the horizon of morality. Some such attempts identify themselves, self-confidently, as belonging to the ‘second generation’ of anti-discrimination scholarship. The respective approaches are based on the assumption that discrimination arises and exists as the result of the unconscious operation of biases against groups. They seek to entrust problem-solving not to general legislation but to various management strategies for the improvement of relations among employees. Nowhere is the market seen to be the source of the problem. Nowhere does organised labour enter the picture. The purity of the market economy remains unchallenged. The neoliberal predicament exposes the truth about anti-discrimination law. As a medium of social policy, it is powerless. Or, more adequately put, it represents social policy in the state of disempowerment.Less
The final truth about anti-discrimination law comes to the fore in what can be called its neoliberal predicament. It is manifest in attempts to defeat the normative deficiency without transcending the horizon of morality. Some such attempts identify themselves, self-confidently, as belonging to the ‘second generation’ of anti-discrimination scholarship. The respective approaches are based on the assumption that discrimination arises and exists as the result of the unconscious operation of biases against groups. They seek to entrust problem-solving not to general legislation but to various management strategies for the improvement of relations among employees. Nowhere is the market seen to be the source of the problem. Nowhere does organised labour enter the picture. The purity of the market economy remains unchallenged. The neoliberal predicament exposes the truth about anti-discrimination law. As a medium of social policy, it is powerless. Or, more adequately put, it represents social policy in the state of disempowerment.
Matthew Williams
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781529200201
- eISBN:
- 9781529200225
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781529200201.001.0001
- Subject:
- Political Science, Political Theory
There were more colons used in legislation in 2015 than there were words enacted in 1900. Using analysis from machine readings of all legislation enacted between 1900 and 2015, this book discusses ...
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There were more colons used in legislation in 2015 than there were words enacted in 1900. Using analysis from machine readings of all legislation enacted between 1900 and 2015, this book discusses the social impact of increasingly elastic legislative language on the contemporary workings of the British constitution. The hot-button debates of our time — from immigration to European integration, to the creeping power of judges — have, at their core, battles over what policy instructions are authoritative. The book encourages readers to connect the dots of British statecraft, and to understand how, exactly, public demands are transferred into laws that are then implemented with greater and lesser degrees of success. Crucially, it shows that vague legislation has a tremendous impact on policy delivery, disproportionately affecting the weakest, in areas including immigration, homelessness and anti-discrimination.Less
There were more colons used in legislation in 2015 than there were words enacted in 1900. Using analysis from machine readings of all legislation enacted between 1900 and 2015, this book discusses the social impact of increasingly elastic legislative language on the contemporary workings of the British constitution. The hot-button debates of our time — from immigration to European integration, to the creeping power of judges — have, at their core, battles over what policy instructions are authoritative. The book encourages readers to connect the dots of British statecraft, and to understand how, exactly, public demands are transferred into laws that are then implemented with greater and lesser degrees of success. Crucially, it shows that vague legislation has a tremendous impact on policy delivery, disproportionately affecting the weakest, in areas including immigration, homelessness and anti-discrimination.
Steven W. Bender
- Published in print:
- 2010
- Published Online:
- May 2016
- ISBN:
- 9780814791257
- eISBN:
- 9780814739136
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814791257.003.0015
- Subject:
- Law, Human Rights and Immigration
This chapter suggests numerous large- and small-scale strategies for driving down the cost of home purchases and rentals for Latino/a U.S. residents, as well as the cost of credit for housing ...
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This chapter suggests numerous large- and small-scale strategies for driving down the cost of home purchases and rentals for Latino/a U.S. residents, as well as the cost of credit for housing purchases. Admittedly short-term in design, these stop-gap proposals encompass tax credits, anti-discrimination measures and enforcement, and consumer education.Less
This chapter suggests numerous large- and small-scale strategies for driving down the cost of home purchases and rentals for Latino/a U.S. residents, as well as the cost of credit for housing purchases. Admittedly short-term in design, these stop-gap proposals encompass tax credits, anti-discrimination measures and enforcement, and consumer education.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.003.0003
- Subject:
- Law, Public International Law, EU Law
This chapter discusses the development of status equality law and policy — domestically, internationally, and in the European context. There are two main functional models to which ...
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This chapter discusses the development of status equality law and policy — domestically, internationally, and in the European context. There are two main functional models to which anti-discrimination laws conform: an individual justice model, and a group justice model. More recently, however, two additional approaches are apparent: an attempt to secure the implementation of equality norms extraterritorially, and the introduction of ‘mainstreaming’. The chapter considers these important dimensions of equal status law and policy before setting out the different ways in which equality-based procurement linkages aim to advance one or more of these functional models.Less
This chapter discusses the development of status equality law and policy — domestically, internationally, and in the European context. There are two main functional models to which anti-discrimination laws conform: an individual justice model, and a group justice model. More recently, however, two additional approaches are apparent: an attempt to secure the implementation of equality norms extraterritorially, and the introduction of ‘mainstreaming’. The chapter considers these important dimensions of equal status law and policy before setting out the different ways in which equality-based procurement linkages aim to advance one or more of these functional models.
Karen R. Miller
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9781479880096
- eISBN:
- 9781479803637
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479880096.001.0001
- Subject:
- History, Economic History
In the wake of the Civil War, many white northern leaders supported race-neutral laws and anti-discrimination statutes. These positions helped amplify the distinctions they drew between their ...
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In the wake of the Civil War, many white northern leaders supported race-neutral laws and anti-discrimination statutes. These positions helped amplify the distinctions they drew between their political economic system, which they saw as forward-thinking in its promotion of free market capitalism, and the now vanquished southern system, which had been built on slavery. But this interest in legal race neutrality should not be mistaken for an effort to integrate northern African Americans into the state or society on an equal footing with whites. During the Great Migration, which brought tens of thousands of African Americans into Northern cities after World War I, white northern leaders faced new challenges from both white and African American activists and were pushed to manage race relations in a more formalized and proactive manner. The result was northern racial liberalism: the idea that all Americans, regardless of race, should be politically equal, but that the state cannot and indeed should not enforce racial equality by interfering with existing social or economic relations. This book examines the formulation, uses, and growing political importance of northern racial liberalism in Detroit between the two World Wars. It argues that racial inequality was built into the liberal state at its inception, rather than produced by antagonists of liberalism. The book shows that our current racial system—where race-neutral language coincides with extreme racial inequalities that appear natural rather than political—has a history that is deeply embedded in contemporary governmental systems and political economies.Less
In the wake of the Civil War, many white northern leaders supported race-neutral laws and anti-discrimination statutes. These positions helped amplify the distinctions they drew between their political economic system, which they saw as forward-thinking in its promotion of free market capitalism, and the now vanquished southern system, which had been built on slavery. But this interest in legal race neutrality should not be mistaken for an effort to integrate northern African Americans into the state or society on an equal footing with whites. During the Great Migration, which brought tens of thousands of African Americans into Northern cities after World War I, white northern leaders faced new challenges from both white and African American activists and were pushed to manage race relations in a more formalized and proactive manner. The result was northern racial liberalism: the idea that all Americans, regardless of race, should be politically equal, but that the state cannot and indeed should not enforce racial equality by interfering with existing social or economic relations. This book examines the formulation, uses, and growing political importance of northern racial liberalism in Detroit between the two World Wars. It argues that racial inequality was built into the liberal state at its inception, rather than produced by antagonists of liberalism. The book shows that our current racial system—where race-neutral language coincides with extreme racial inequalities that appear natural rather than political—has a history that is deeply embedded in contemporary governmental systems and political economies.
Barbara Havelková and Mathias Möschel (eds)
- Published in print:
- 2019
- Published Online:
- February 2020
- ISBN:
- 9780198853138
- eISBN:
- 9780191887451
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198853138.001.0001
- Subject:
- Law, Human Rights and Immigration
This edited volume explores the question of how anti-discrimination law fits into civil law jurisdictions of Europe. Anti-discrimination law, as well as much of academic literature on this topic, has ...
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This edited volume explores the question of how anti-discrimination law fits into civil law jurisdictions of Europe. Anti-discrimination law, as well as much of academic literature on this topic, has originated in common law countries. This book breaks new ground with offering, for the first time, a sustained, critical, legal, and socio-legal, comparative look at jurisdictions beyond the common law. It tests the thesis that anti-discrimination law has been perceived as an import for which continental European jurisdictions have found little use. Through a set of single chapters, each written by a continental civil law legal scholar, this book demonstrates that, while to some extent the claim that anti-discrimination constituted a legal irritant remains true, today nevertheless a much more nuanced picture emerges. The situation depends on the country and varies also by specific area of law, the actors involved, as well as the ground or concept of anti-discrimination law one focuses on.Less
This edited volume explores the question of how anti-discrimination law fits into civil law jurisdictions of Europe. Anti-discrimination law, as well as much of academic literature on this topic, has originated in common law countries. This book breaks new ground with offering, for the first time, a sustained, critical, legal, and socio-legal, comparative look at jurisdictions beyond the common law. It tests the thesis that anti-discrimination law has been perceived as an import for which continental European jurisdictions have found little use. Through a set of single chapters, each written by a continental civil law legal scholar, this book demonstrates that, while to some extent the claim that anti-discrimination constituted a legal irritant remains true, today nevertheless a much more nuanced picture emerges. The situation depends on the country and varies also by specific area of law, the actors involved, as well as the ground or concept of anti-discrimination law one focuses on.
Nicola Wenzel
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199795208
- eISBN:
- 9780199919307
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199795208.003.0034
- Subject:
- Law, Public International Law
This chapter discusses draft legislation on the prevention of discrimination in the private sector. It begins with a description of the current legal framework for addressing discrimination, in order ...
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This chapter discusses draft legislation on the prevention of discrimination in the private sector. It begins with a description of the current legal framework for addressing discrimination, in order to assess the necessity of the draft legislation. It then provides details of the draft legislation.Less
This chapter discusses draft legislation on the prevention of discrimination in the private sector. It begins with a description of the current legal framework for addressing discrimination, in order to assess the necessity of the draft legislation. It then provides details of the draft legislation.
Alexander Somek
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199693375
- eISBN:
- 9780191729737
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199693375.003.0001
- Subject:
- Law, Philosophy of Law, EU Law
Creating equality of opportunity seems to be a viable strategy for resolving the conflict between the contending principles of competitiveness and solidarity. Both principles lie at the core of the ...
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Creating equality of opportunity seems to be a viable strategy for resolving the conflict between the contending principles of competitiveness and solidarity. Both principles lie at the core of the European Union’s agenda. Anti-discrimination law appears to be a way of mediating between them. The relevant legislation protects people who happen to bear certain characteristics—most of which are socially salient, for example, sex, race, religion, ethnicity—from disadvantage that arises from actions by private persons or the state in the context of the provision of goods and opportunities. Characteristically, the protection is limited to certain critical goods, such as jobs, salaries, housing or access to education. The European Union has been the driving force in the development of anti-discrimination legislation in the legal systems of its Member States.Less
Creating equality of opportunity seems to be a viable strategy for resolving the conflict between the contending principles of competitiveness and solidarity. Both principles lie at the core of the European Union’s agenda. Anti-discrimination law appears to be a way of mediating between them. The relevant legislation protects people who happen to bear certain characteristics—most of which are socially salient, for example, sex, race, religion, ethnicity—from disadvantage that arises from actions by private persons or the state in the context of the provision of goods and opportunities. Characteristically, the protection is limited to certain critical goods, such as jobs, salaries, housing or access to education. The European Union has been the driving force in the development of anti-discrimination legislation in the legal systems of its Member States.
Alexander Somek
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199693375
- eISBN:
- 9780191729737
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199693375.003.0003
- Subject:
- Law, Philosophy of Law, EU Law
Anti-discrimination policy represents that field of European Union social policy which has been steadily successful since its inception. Its success continues even in the course of the current ...
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Anti-discrimination policy represents that field of European Union social policy which has been steadily successful since its inception. Its success continues even in the course of the current reorientation of social policy towards the use of more ‘soft’ as opposed to ‘hard’ legal means. The new, ‘soft’ social policy is associated with the rise of employment policy. Anti-discrimination law is now to be seen as interconnected with the European employment strategy. As a result, anti-discrimination policy has been increasingly intermingled with management strategies. At the macrolevel, this affects the complementarity between legislation and the pursuit of ‘action programs’ or ‘mutual learning processes’, the instigation of which has been encouraged in the European Union. At the microlevel, this intermingling is manifest in how scholars imagine anti-discrimination strategies to be reinforced at the workplace level through strategies of practical training and the administered improvement of attitudes.Less
Anti-discrimination policy represents that field of European Union social policy which has been steadily successful since its inception. Its success continues even in the course of the current reorientation of social policy towards the use of more ‘soft’ as opposed to ‘hard’ legal means. The new, ‘soft’ social policy is associated with the rise of employment policy. Anti-discrimination law is now to be seen as interconnected with the European employment strategy. As a result, anti-discrimination policy has been increasingly intermingled with management strategies. At the macrolevel, this affects the complementarity between legislation and the pursuit of ‘action programs’ or ‘mutual learning processes’, the instigation of which has been encouraged in the European Union. At the microlevel, this intermingling is manifest in how scholars imagine anti-discrimination strategies to be reinforced at the workplace level through strategies of practical training and the administered improvement of attitudes.
Alexander Somek
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199693375
- eISBN:
- 9780191729737
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199693375.003.0005
- Subject:
- Law, Philosophy of Law, EU Law
The most appealing explanation of anti-discrimination law recognises the priority of this redistributive dimension. Hence, counteracting what is called ‘systemic discrimination’ must appear to be its ...
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The most appealing explanation of anti-discrimination law recognises the priority of this redistributive dimension. Hence, counteracting what is called ‘systemic discrimination’ must appear to be its core concern. This perspective is consistent with both of its normative categories, namely, indirect and direct discrimination. As regards the latter category, anti-discrimination law translates redistributive objectives into the language of individual action. It thereby promises to remove socially constructed obstacles to effective market participation by identifying distributive agents, such as employers, who exercise decisive influence over the distribution of these resources and opportunities. Their redistributive responsibility is effectuated by prohibiting action on arbitrary grounds. The translation of redistributive objectives into the language of individual action is brought about by making certain acts count as acts of discrimination. However, it is normatively often unclear which acts are to be counted as an act of discrimination. Therefore, the application of anti-discrimination law often vies for the agent’s bad intent in order to close gaps. This is where one first encounters its normative deficiency.Less
The most appealing explanation of anti-discrimination law recognises the priority of this redistributive dimension. Hence, counteracting what is called ‘systemic discrimination’ must appear to be its core concern. This perspective is consistent with both of its normative categories, namely, indirect and direct discrimination. As regards the latter category, anti-discrimination law translates redistributive objectives into the language of individual action. It thereby promises to remove socially constructed obstacles to effective market participation by identifying distributive agents, such as employers, who exercise decisive influence over the distribution of these resources and opportunities. Their redistributive responsibility is effectuated by prohibiting action on arbitrary grounds. The translation of redistributive objectives into the language of individual action is brought about by making certain acts count as acts of discrimination. However, it is normatively often unclear which acts are to be counted as an act of discrimination. Therefore, the application of anti-discrimination law often vies for the agent’s bad intent in order to close gaps. This is where one first encounters its normative deficiency.
