The Logic of Equality
A Formal Analysis of Non-Discrimination Law
1st Edition
Published on 8. May 2018
304 pages
978-1-351-77014-9 (ISBN)
Description
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.
Reviews / Votes
'...clearly written and thought-provoking...Readers are assured to come away with heightened awareness of logical structure, and to acquire skills readily applicable both to the crafting and deconstruction of equal protection arguments.' Law and Politics JournalMore details
Series
Edition
1. Auflage
Language
English
Place of publication
London
United Kingdom
Publishing group
Taylor & Francis Ltd
Target group
College/higher education
Professional and scholarly
ISBN-13
978-1-351-77014-9 (9781351770149)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Book
11/2019
1st Edition
Routledge
€62.08
Shipment within 10-20 days
Book
12/2017
1st Edition
Routledge
€163.42
Shipment within 10-20 days
Person
Eric Heinze, Dr, is Senior Lecturer in Law at the Queen Mary and Westfield College, University of London, UK
Content
Contents: Introduction. Treatment: Preliminary concepts; The basic treatment symbols; Derivation of arguments; Normative positions; Theorems; General schema of assertions; Compound positions. Objective Status: Revised factual positions; Revised normative positions; Revised compound positions. Subjective Merit: Final normative positions; Final factual positions; Final compound positions. General Forms of Argument: The traditional model; The impact model; The accommodation model; The non-recognition model; Appendix: symbols and formulas; Works cited; Index of cases, names and topics.
