Complex equality and the Court of Justice of the European Union : reconciling diversity and harmonization / Richard Lang ; with foreword by Mark Bell.

Format:

Book

Author/Creator:

Lang, Richard (Richard A.)

Contributor:

Bell, Mark, 1974-

Series:

Nijhoff Studies in European Union Law 14.

Nijhoff studies in European Union law, 2210-9765 ; v. 14

Language:

English

Subjects (All):

Equality before the law--European Union countries.

Equality before the law.

Discrimination--Law and legislation--European Union countries.

Discrimination.

Equality--Philosophy.

Equality.

Distributive justice.

Cultural pluralism.

Court of Justice of the European Union.

Walzer, Michael.

Physical Description:

1 online resource (xiv, 376 pages).

Place of Publication:

Boston : Brill, 2018.

Summary:

The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.

Contents:

Introduction / Richard Lang and Mark Bell

Michael Walzer and Complex Equality / Richard Lang and Mark Bell

The Principle of Equal Treatment of Persons Irrespective of Gender / Richard Lang and Mark Bell

The ‘Article 19’ grounds: Racial or ethnic origin, religion or belief, disability, age, and sexual orientation / Richard Lang and Mark Bell

Nationality Discrimination / Richard Lang and Mark Bell

Semi-Suspect and Non-Suspect Grounds / Richard Lang and Mark Bell

Reflections / Richard Lang and Mark Bell

Presenting a Theory of Mediated Complexity / Richard Lang and Mark Bell

Evaluation / Richard Lang and Mark Bell

Conclusion / Richard Lang and Mark Bell.

Notes:

Includes bibliographical references and index.

ISBN:

9789004354265

9004354263

Publisher Number:

10.1163/9789004354265 DOI