Overview
- Employs a unique multidisciplinary approach, including extensive comparative data
- Is the first book of its kind to be published in Europe
- Discusses a theme that is both topical and under scrutiny in the USA and Europe
- Projects future implications of wide application of the policy and of corresponding judicial reaction
- Provides an exhaustive list of case law for all major states of the world as well as international courts
- Codifies the reserch results per country/area/courts/groups
- Includes supplementary material: sn.pub/extras
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 47)
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Table of contents (6 chapters)
Keywords
- Affirmative action for the human rights doctrine
- Affirmative action worldwide
- Compensation for past discrimination
- Cultural purpose: diversity
- Democracy and justice
- Equality and meritocracy
- Important affirmative action
- Judicial review of affirmative action
- Legal and social aspects of contemporary equality
- Social cohesion
- Typology of affirmative action
About this book
This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating thispolicy as anathema for liberalism. A universal discussion currently at its peak.
Authors and Affiliations
Bibliographic Information
Book Title: Affirmative Action Policies and Judicial Review Worldwide
Authors: George Gerapetritis
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-319-22395-7
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2016
Hardcover ISBN: 978-3-319-22394-0Published: 13 August 2015
Softcover ISBN: 978-3-319-36026-3Published: 22 October 2016
eBook ISBN: 978-3-319-22395-7Published: 03 August 2015
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XIII, 259
Topics: Private International Law, International & Foreign Law, Comparative Law, Social Structure, Social Inequality, Human Rights, Constitutional Law