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From Formal to More Substantive Equality
Author:
This book provides an in-depth analysis of the central concepts figuring in equality and non-discrimination standards across jurisdictions: formal and substantive equality, direct and indirect discrimination, reasonable accommodation, affirmative action and intersectional discrimination. It explains how different conceptualizations matter and may result in different outcomes in legislation, case law and policies. In doing so it draws on examples from a wide variety of sources, including the European, Inter-American and global human rights systems and the jurisprudence of the apex courts in Canada, India, South Africa and the US. This study also shows how the conceptualization of equality has been moving overall from formal to more substantive equality.
From Formal to More Substantive Equality
Author:
This book provides an in-depth analysis of the central concepts figuring in equality and non-discrimination standards across jurisdictions: formal and substantive equality, direct and indirect discrimination, reasonable accommodation, affirmative action and intersectional discrimination. It explains how different conceptualizations matter and may result in different outcomes in legislation, case law and policies. In doing so it draws on examples from a wide variety of sources, including the European, Inter-American and global human rights systems and the jurisprudence of the apex courts in Canada, India, South Africa and the US. This study also shows how the conceptualization of equality has been moving overall from formal to more substantive equality.
The Theoretical Contribution of Federalism to the Explanation of Emergent Models for the Accommodation of Diversity
The volume offers new and unexplored perspectives on federalism and its relationships with diversity accommodation. It represents the first structured attempt to use federal theory and practice to frame several phenomena of governance in the area of diversity management. Federalism is here tested as a theoretical and practical tool that may help us better understand phenomena such as non-territorial autonomy, participatory democracy and legal pluralism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
The Theoretical Contribution of Federalism to the Explanation of Emergent Models for the Accommodation of Diversity
The volume offers new and unexplored perspectives on federalism and its relationships with diversity accommodation. It represents the first structured attempt to use federal theory and practice to frame several phenomena of governance in the area of diversity management. Federalism is here tested as a theoretical and practical tool that may help us better understand phenomena such as non-territorial autonomy, participatory democracy and legal pluralism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
Series Editor:
Global Health, Human Rights and Social Justice brings together a constellation of overlapping fields. These include but are not limited to: international human rights law; public law and comparative constitutional law; access to medicines specialists (intellectual property law); bioethics, international environmental law; global health law, legal anthropology and socio-legal studies.
At this pivotal point post pandemic, we require writing scholarship that interrogates the most pressing questions regarding lacunae in specific domains of the law, many of which have been illuminated by the pandemic. However, we also need studies that draw connections between the interlocking problems that face the world from growing socio-economic inequalities within and between countries, global governance for health that has revealed itself to be unfit for purpose, a growing climate crisis which affects global health in a variety of ways, and a context of growing nationalism that threatens global cooperation norms developed since World War II.
Continued siloed work will not yield the transformative thinking that we need to take on any of the challenges the world faces, from future pandemics to climate catastrophe. Thus, the series encourages multi-disciplinary perspectives on the law and on legal strategies across movements.
The book series addresses such questions as: normative development (e.g. a new pandemic treaty/agreement); landmark jurisprudence from supra-national tribunals and important constitutional courts around the world on issues related to health and human rights; advances and backlash relating to reproductive justice; implementation and policy (such as the institutionalization of Universal Health Coverage); philosophical debates regarding global health justice; human rights and ethical implications of biotechnological innovations (e.g. artificial intelligence, heritable gene editing); analysis of growing calls for decolonizing global health, as well as resurgent calls for a ‘right to development’.
A unifying thread throughout the series will focus on historically and/or contextually-situated appraisals of the effectiveness of international law and global institutions in promoting greater population health and social justice.
At this pivotal point post pandemic, we require writing scholarship that interrogates the most pressing questions regarding lacunae in specific domains of the law, many of which have been illuminated by the pandemic. However, we also need studies that draw connections between the interlocking problems that face the world from growing socio-economic inequalities within and between countries, global governance for health that has revealed itself to be unfit for purpose, a growing climate crisis which affects global health in a variety of ways, and a context of growing nationalism that threatens global cooperation norms developed since World War II.
Continued siloed work will not yield the transformative thinking that we need to take on any of the challenges the world faces, from future pandemics to climate catastrophe. Thus, the series encourages multi-disciplinary perspectives on the law and on legal strategies across movements.
The book series addresses such questions as: normative development (e.g. a new pandemic treaty/agreement); landmark jurisprudence from supra-national tribunals and important constitutional courts around the world on issues related to health and human rights; advances and backlash relating to reproductive justice; implementation and policy (such as the institutionalization of Universal Health Coverage); philosophical debates regarding global health justice; human rights and ethical implications of biotechnological innovations (e.g. artificial intelligence, heritable gene editing); analysis of growing calls for decolonizing global health, as well as resurgent calls for a ‘right to development’.
A unifying thread throughout the series will focus on historically and/or contextually-situated appraisals of the effectiveness of international law and global institutions in promoting greater population health and social justice.
Essays in Honour of Bartha Maria Knoppers
Professor Bartha Maria Knoppers stepped down from the Canada Research Chair in Law and Medicine at McGill University in April 2024, a post she held for more than 20 years. Professor Knoppers consistently prioritized “humanity” in her academic work and in policymaking. As such, she forged a strong intellectual legacy, notably through her work on the human right to science, genomic and health-related data sharing, genome editing, human reproductive technologies, stem cell research, the rights of children, and population health. This collection of essays honours her extraordinary academic contributions to law, policy, and medicine.
Essays in Honour of Bartha Maria Knoppers
Professor Bartha Maria Knoppers stepped down from the Canada Research Chair in Law and Medicine at McGill University in April 2024, a post she held for more than 20 years. Professor Knoppers consistently prioritized “humanity” in her academic work and in policymaking. As such, she forged a strong intellectual legacy, notably through her work on the human right to science, genomic and health-related data sharing, genome editing, human reproductive technologies, stem cell research, the rights of children, and population health. This collection of essays honours her extraordinary academic contributions to law, policy, and medicine.
Volume Editor:
Alastair Davidson is a pioneer of global Gramsci studies, beginning with his first essays from 1968 through to the present.This volume collects his work from various difficult to access sources covering such diverse topics as the sources: Marx, Lenin, Machiavelli, Labriola and Croce; the party and workers councils, through to the question of what is living and what is dead in the legacy of Gramsci, cultural studies and subalternality, uneven development and globalization, human rights and the peasantry, literature and culture.
Gramsci in Australia
Volume Editor:
Alastair Davidson is a pioneer of global Gramsci studies, beginning with his first essays from 1968 through to the present.This volume collects his work from various difficult to access sources covering such diverse topics as the sources: Marx, Lenin, Machiavelli, Labriola and Croce; the party and workers councils, through to the question of what is living and what is dead in the legacy of Gramsci, cultural studies and subalternality, uneven development and globalization, human rights and the peasantry, literature and culture.
Utopia, History, and Revolution