In Grant v. South-West Trains, the European Court of Justice ruled that an employer’s refusal to ... more In Grant v. South-West Trains, the European Court of Justice ruled that an employer’s refusal to grant an employee concessionary travel for her samesex partner on the company’s trains—when such a concession was readily available to employees with opposite-sex partners—did not constitute sex discrimination contrary to Article 141 of the EC Treaty. From the standpoint of Community law, the Grant decision has been criticised from a number of angles: for example, it has been suggested that the decision contains an ungenerous approach to the Community law principles of respect for fundamental rights and equality, that it is inconsistent with the Court’s earlier decision in P v. S and Cornwall County Council, and that—given the weight attached by the Court of Justice to European Convention on Human Rights case law—it has been undermined by the later decision of the European Court of Human Rights in Smith v. United Kingdom.
One of the major concerns of W.N. Hohfeld’s seminal work on the nature of legal rights was with t... more One of the major concerns of W.N. Hohfeld’s seminal work on the nature of legal rights was with the need to ensure conceptual clarity in our analysis of individual legal relationships. Hohfeld therefore took care to stress, when presenting his scheme of jural opposites and correlatives, that: One of the greatest hindrances to the clear understanding, the incisive statement, and the true solution of legal problems frequently arises from the express or tacit assumption that all legal relations may be reduced to ‘rights’ and ‘duties’, and that these latter categories are therefore adequate for the purpose of analyzing even the most complex legal interests …2 Hohfeld complained that ‘the term “rights” tends to be used indiscriminately to cover what in a given case may be a privilege, a power, or an immunity, rather than a right in the strictest sense; and this looseness of usage is occasionally recognised by the authorities’,3 and concluded his essay with the assertion that ‘the deeper the analysis’ of legal relationships using a scheme of opposites and correlatives, ‘the greater becomes one’s perception of fundamental unity and harmony in the law’.4 In other words, a rational ordering of the law requires clear conceptual analysis — something which is lacking, as Hohfeld took care to stress through his use of examples from the cases, where the term ‘right’ is used to describe any relationship in which one party holds some sort of interest, regardless of whether that interest actually imposes a correlative duty on another.
Key Issues and Questions in Discrimination Law Sources and Scope of Domestic Discrimination Law T... more Key Issues and Questions in Discrimination Law Sources and Scope of Domestic Discrimination Law Theoretical Justifications for Discrimination Law Direct Discrimination Indirect Discrimination Justifying Positive Action Implementing Positive Action Harassment, Hate Crimes and Hate Speech Multiple Discrimination and Intersectionality Sex Discrimination Sexual Orientation and Gender Identity Discrimination Race Discrimination Religious Discrimination - Maleiha Malik Disability Discrimination Age Discrimination Individual Remedies Collective Remedies and Extra Legal Strategies.
Comments on the judgment of the UK Supreme Court in Keyu v Secretary of State for Foreign and Com... more Comments on the judgment of the UK Supreme Court in Keyu v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69, [2015] 3 WLR 1665 refusing to order a public inquiry into an alleged massacre of Malaysian villagers by British troops in 1948
208 [2003]JR Significant Articles of 20021 Nicholas Bamforth Fellow in Law, The Queen's ... more 208 [2003]JR Significant Articles of 20021 Nicholas Bamforth Fellow in Law, The Queen's College, Oxford2 1. As ever, a large number of articles - written by academics, judges and practitioners - were published in the various journals in 2002. For the sake of simplicity, a division has ...
Contents: Introduction. Part I Organizing the Arguments: Sexual orientation and the politics of b... more Contents: Introduction. Part I Organizing the Arguments: Sexual orientation and the politics of biology: a critique of the argument from immutability, Janet E. Halley. Part II Substantive Progressive Arguments: Sexual autonomy and the constitutional right to privacy: a case study in human rights and the unwritten constitution, David A.J. Richards Liberal community, Ronald Dworkin Sexual orientation and the constitution: a test case for human rights, Edwin Cameron Hardwick and historiography, William N. Eskridge, Jr Editorial note: The constitutional status of sexual orientation: homosexuality as a suspect classification, Harvard Law Review Recognising new kinds of direct sex discrimination: transsexualism, sexual orientation and dress codes, Robert Wintemute Pornographies, Leslie Green Pornography/death: the problem of gay pornography in a straight supremacist system, Shannon Gilreath. Part III Conservative Arguments and Responses to Them: Law, morality and 'sexual orientation', John M. Finnis Is marriage inherently heterosexual?, Andrew Koppelman. Part IV Radical Arguments: Developing lesbian legal theory/Sexual privacy/Discourses of discrimination, Ruthann Robson Essential rights and contested identities: sexual orientation and equality rights jurisprudence in Canada, Carl F. Stychin On being beside oneself: on the limits of sexual automony, Judith Butler. Name index.
In Grant v. South-West Trains, the European Court of Justice ruled that an employer’s refusal to ... more In Grant v. South-West Trains, the European Court of Justice ruled that an employer’s refusal to grant an employee concessionary travel for her samesex partner on the company’s trains—when such a concession was readily available to employees with opposite-sex partners—did not constitute sex discrimination contrary to Article 141 of the EC Treaty. From the standpoint of Community law, the Grant decision has been criticised from a number of angles: for example, it has been suggested that the decision contains an ungenerous approach to the Community law principles of respect for fundamental rights and equality, that it is inconsistent with the Court’s earlier decision in P v. S and Cornwall County Council, and that—given the weight attached by the Court of Justice to European Convention on Human Rights case law—it has been undermined by the later decision of the European Court of Human Rights in Smith v. United Kingdom.
One of the major concerns of W.N. Hohfeld’s seminal work on the nature of legal rights was with t... more One of the major concerns of W.N. Hohfeld’s seminal work on the nature of legal rights was with the need to ensure conceptual clarity in our analysis of individual legal relationships. Hohfeld therefore took care to stress, when presenting his scheme of jural opposites and correlatives, that: One of the greatest hindrances to the clear understanding, the incisive statement, and the true solution of legal problems frequently arises from the express or tacit assumption that all legal relations may be reduced to ‘rights’ and ‘duties’, and that these latter categories are therefore adequate for the purpose of analyzing even the most complex legal interests …2 Hohfeld complained that ‘the term “rights” tends to be used indiscriminately to cover what in a given case may be a privilege, a power, or an immunity, rather than a right in the strictest sense; and this looseness of usage is occasionally recognised by the authorities’,3 and concluded his essay with the assertion that ‘the deeper the analysis’ of legal relationships using a scheme of opposites and correlatives, ‘the greater becomes one’s perception of fundamental unity and harmony in the law’.4 In other words, a rational ordering of the law requires clear conceptual analysis — something which is lacking, as Hohfeld took care to stress through his use of examples from the cases, where the term ‘right’ is used to describe any relationship in which one party holds some sort of interest, regardless of whether that interest actually imposes a correlative duty on another.
Key Issues and Questions in Discrimination Law Sources and Scope of Domestic Discrimination Law T... more Key Issues and Questions in Discrimination Law Sources and Scope of Domestic Discrimination Law Theoretical Justifications for Discrimination Law Direct Discrimination Indirect Discrimination Justifying Positive Action Implementing Positive Action Harassment, Hate Crimes and Hate Speech Multiple Discrimination and Intersectionality Sex Discrimination Sexual Orientation and Gender Identity Discrimination Race Discrimination Religious Discrimination - Maleiha Malik Disability Discrimination Age Discrimination Individual Remedies Collective Remedies and Extra Legal Strategies.
Comments on the judgment of the UK Supreme Court in Keyu v Secretary of State for Foreign and Com... more Comments on the judgment of the UK Supreme Court in Keyu v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69, [2015] 3 WLR 1665 refusing to order a public inquiry into an alleged massacre of Malaysian villagers by British troops in 1948
208 [2003]JR Significant Articles of 20021 Nicholas Bamforth Fellow in Law, The Queen's ... more 208 [2003]JR Significant Articles of 20021 Nicholas Bamforth Fellow in Law, The Queen's College, Oxford2 1. As ever, a large number of articles - written by academics, judges and practitioners - were published in the various journals in 2002. For the sake of simplicity, a division has ...
Contents: Introduction. Part I Organizing the Arguments: Sexual orientation and the politics of b... more Contents: Introduction. Part I Organizing the Arguments: Sexual orientation and the politics of biology: a critique of the argument from immutability, Janet E. Halley. Part II Substantive Progressive Arguments: Sexual autonomy and the constitutional right to privacy: a case study in human rights and the unwritten constitution, David A.J. Richards Liberal community, Ronald Dworkin Sexual orientation and the constitution: a test case for human rights, Edwin Cameron Hardwick and historiography, William N. Eskridge, Jr Editorial note: The constitutional status of sexual orientation: homosexuality as a suspect classification, Harvard Law Review Recognising new kinds of direct sex discrimination: transsexualism, sexual orientation and dress codes, Robert Wintemute Pornographies, Leslie Green Pornography/death: the problem of gay pornography in a straight supremacist system, Shannon Gilreath. Part III Conservative Arguments and Responses to Them: Law, morality and 'sexual orientation', John M. Finnis Is marriage inherently heterosexual?, Andrew Koppelman. Part IV Radical Arguments: Developing lesbian legal theory/Sexual privacy/Discourses of discrimination, Ruthann Robson Essential rights and contested identities: sexual orientation and equality rights jurisprudence in Canada, Carl F. Stychin On being beside oneself: on the limits of sexual automony, Judith Butler. Name index.
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