Complex Equality and the Court of Justice of the European Union : Reconciling Diversity and Harmonization.

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Bibliographic Details
Author / Creator: Lang, Richard.
Format: eBook Electronic
Language:English
Imprint: Boston : BRILL, 2018.
Series:Nijhoff Studies in European Union Law Ser.
Subjects:
Local Note:Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2022. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
Online Access:Click to View
Description
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.
Item Description:Description based on publisher supplied metadata and other sources.
Physical Description:1 online resource (390 pages)
ISBN:9789004354265