دانلود کتاب Foundations of Indirect Discrimination Law

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Acknowledgements\nContents\nList of Contributors\nAcknowledgements\n1. Indirect Discrimination Law: Controversies and Critical Questions\n I. The Fox and the Stork\n II. The Paradox of Indirect Discrimination\n III. The Puzzles in Indirect Discrimination Law\n IV. Legal Disagreements and Moral Foundations\n V. The Scope of the Law of Indirect Discrimination\n VI. The Distinction between Direct and Indirect Discrimination\n VII. Three Approaches towards the Foundations of Indirect Discrimination Law\n VIII. Conclusion\n2. Direct and Indirect Discrimination: Is There Still a Divide?\n I. Bright Line Distinctions: Intention, Justification and Pre-emptive Action\n II. Blurring the Distinctions: Pre-emptive Action and \'Intrinsic\'\r Discrimination\n III. Individualism: Fault and Individual Harm\n IV. Aims and Objectives\n V. Relaxing the Boundaries: Do We Need the Distinction?\n VI. Conclusion\n3. Approaching the Indirect–Direct Discrimination Distinction: Concepts, Justifications and Policies\n I. Perspectives and Issues\n II. Theoretical Approaches to Discrimination Law\n III. The Indirect-Direct Discrimination Distinction\n IV. Conclusion\n4. Judicial Scepticism of Discrimination at the ECtHR\n I. ECtHR Case Law on Indirect Discrimination\n II. Objections to the Indirect Discrimination Doctrine\n III. The Responses\n IV. Conclusion\n5. Indirect Discrimination and the Duty to Avoid Compounding Injustice\n I. Introduction\n II. The Duty to Avoid Compounding Injustice\n III. Does Indirect Discrimination Compound Injustice?\n IV. Is Indirect Discrimination a Form of Discrimination?\n6. The Moral Seriousness of Indirect Discrimination\n I. Common Views about Direct and Indirect Discrimination\n II. Analysing Cases of Indirect Discrimination\n III. Why Might Direct Discrimination Be More Serious From a Moral Standpoint?\n IV. Direct and Indirect Discrimination As Forms of Negligence\n7. Squaring the Circle: Can an Egalitarian and Individualistic Conception of Freedom of Religion or Belief Co-exist with the Notion of Indirect Discrimination?\n I. European Law as an Instructive Example\n II. Europe\'s Individualistic and Egalitarian Approach to Freedom of Religion or Belief\n III. Anti-Discrimination Law: Indirect Discrimination on Grounds of Religion or Belief\n IV. Key Cases Illustrating the Tensions\n V. The Problem of Conflation of Religious Freedom and Indirect Discrimination in Relation to Religion\n VI. A Hybrid: Indirect Discrimination in Relation to Freedom of Religion or Belief as Distinct from Indirect Discrimination in Relation to Religion or Belief\n VII. Limited Impact of Individualised Indirect Discrimination\n VIII. Belief and Identity: Two Views of Religion\n IX. Conclusion\n8. Indirect Discrimination, Affirmative Action and Relational Egalitarianism\n I. Introduction\n II. Anderson and Scheffler\n III. Relational Egalitarians on the Injustice of Indirect Discrimination: Anderson\n IV. Relational Egalitarians on the Injustice of Indirect Discrimination: Scheffler\n V. Relational Egalitarians on Justified Forms of Affirmative Action: Anderson\n VI. Relational Egalitarians on Justified Forms of Affirmative Action: Scheffler\n VII. Conclusion\n9. Wrongs, Group Disadvantage and the Legitimacy of Indirect Discrimination Law\n I. Introduction\n II. Indirect Discrimination as Doubly Wrongful\n III. Culpability in Indirect Discrimination\n IV. Conclusion: Why Indirect Discrimination Law Needs the Systemic Analysis\n10. Anti-discrimination Law and the Duty t\ro Integrate\n I. DH and Others v Czech Republic: A New Indirect Discrimination Framework\n II. The Duty to Integrate\n III. The Duty to Integrate In The Narrativesof Failed Implementation\n IV. The American Judicial Disaggregation of Desegregation and Integration\n V. Courts\' Remedial Powers in Indirect Discrimination Theory\n VI. Conclusion\n11. Justice for Foxes: Fundamental Rights and Justification of Indirect Discrimination\n I. Justification in the Law of Indirect Discrimination\n II. Questioning the Standard Account\n III. Balancing Rights in Indirect Discrimination\n IV. Conclusion\nIndex