Advertisement
| equality before the law: Sentencing and Criminal Justice Andrew Ashworth, 2010-02-04 Andrew Ashworth expertly examines the key issues in English sentencing policy and practice including the mechanisms for producing sentencing guidelines. He considers the most high-profile stages in the criminal justice process such as the Court of Appeal's approach to the custody threshold, the framework for the sentencing of young offenders and the abiding problems of previous convictions in sentencing. Taking into account the Criminal Justice and Immigration Act 2008 and the Coroners and Justice Act 2009, the book's inter-disciplinary approach places the legislation and guidelines on sentencing in the context of criminological research, statistical trends and theories of punishment. By examining the law in relation to elements of the wider criminal justice system, including the prison and probation services, students gain a rounded perspective on the relevant principles and problems of sentencing and criminal justice. |
| equality before the law: A Speech on "Equality Before the Law" John Mercer Langston, 1866 |
| equality before the law: Equality Before the Law Bench Book Linda Daniele, 2006 |
| equality before the law: Equality under the Constitution Judith A. Baer, 2018-03-15 The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution. |
| equality before the law: The Equality of States in International Law Edwin De Witt Dickinson, 1920 |
| equality before the law: Roman Law and the Legal World of the Romans Andrew M. Riggsby, 2010-06-14 Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life. |
| equality before the law: Equality Under the Law Jeanne Marie Ford, 2017-12-15 In our society, laws and rights apply to everyone equally. This book explores what that means, how the Constitution outlines that right, and ways equality can be experienced and upheld in everyday life. |
| equality before the law: Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction Kate Masur, 2021-03-23 Finalist for the 2022 Pulitzer Prize in History Finalist for the 2022 Lincoln Prize Winner of the 2022 John Nau Book Prize in American Civil War Era History One of NPR's Best Books of 2021 and a New York Times Critics' Top Book of 2021 A groundbreaking history of the movement for equal rights that courageously battled racist laws and institutions, Northern and Southern, in the decades before the Civil War. The half-century before the Civil War was beset with conflict over equality as well as freedom. Beginning in 1803, many free states enacted laws that discouraged free African Americans from settling within their boundaries and restricted their rights to testify in court, move freely from place to place, work, vote, and attend public school. But over time, African American activists and their white allies, often facing mob violence, courageously built a movement to fight these racist laws. They countered the states’ insistences that states were merely trying to maintain the domestic peace with the equal-rights promises they found in the Declaration of Independence and the Constitution. They were pastors, editors, lawyers, politicians, ship captains, and countless ordinary men and women, and they fought in the press, the courts, the state legislatures, and Congress, through petitioning, lobbying, party politics, and elections. Long stymied by hostile white majorities and unfavorable court decisions, the movement’s ideals became increasingly mainstream in the 1850s, particularly among supporters of the new Republican party. When Congress began rebuilding the nation after the Civil War, Republicans installed this vision of racial equality in the 1866 Civil Rights Act and the Fourteenth Amendment. These were the landmark achievements of the first civil rights movement. Kate Masur’s magisterial history delivers this pathbreaking movement in vivid detail. Activists such as John Jones, a free Black tailor from North Carolina whose opposition to the Illinois “black laws” helped make the case for racial equality, demonstrate the indispensable role of African Americans in shaping the American ideal of equality before the law. Without enforcement, promises of legal equality were not enough. But the antebellum movement laid the foundation for a racial justice tradition that remains vital to this day. |
| equality before the law: The Universal Declaration of Human Rights , 1978 |
| equality before the law: The Federalist Papers Alexander Hamilton, John Jay, James Madison, 2018-08-20 Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States. |
| equality before the law: The UN Convention on the Rights of Persons with Disabilities Ilias Bantekas, Michael Ashley Stein, Dimitris Anastasiou, 2018-10-25 This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field. |
| equality before the law: Article 26 Wouter Vandenhole, 2007 This volume constitutes a commentary on Article 26 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office. |
| equality before the law: Equal Justice Under Law Constance Baker Motley, 1999-09-10 A civil rights lawyer who became the first African American female federal judge, describes her career, including working with Thurgood Marshall's NAACP legal team. |
| equality before the law: Speeches Charles Sumner, 1868 |
| equality before the law: With Liberty and Justice for Some Glenn Greenwald, 2011-11-11 From the most important voice to have entered the political discourse in years (Bill Moyers), a scathing critique of the two-tiered system of justice that has emerged in America From the nation's beginnings, the law was to be the great equalizer in American life, the guarantor of a common set of rules for all. But over the past four decades, the principle of equality before the law has been effectively abolished. Instead, a two-tiered system of justice ensures that the country's political and financial class is virtually immune from prosecution, licensed to act without restraint, while the politically powerless are imprisoned with greater ease and in greater numbers than in any other country in the world. Starting with Watergate, continuing on through the Iran-Contra scandal, and culminating with Obama's shielding of Bush-era officials from prosecution, Glenn Greenwald lays bare the mechanisms that have come to shield the elite from accountability. He shows how the media, both political parties, and the courts have abetted a process that has produced torture, war crimes, domestic spying, and financial fraud. Cogent, sharp, and urgent, this is a no-holds-barred indictment of a profoundly un-American system that sanctions immunity at the top and mercilessness for everyone else. |
| equality before the law: Practical Equality: Forging Justice in a Divided Nation Robert L. Tsai, 2019-02-19 “A work of striking political and legal imagination.” —Aziz Rana, author of The Two Faces of American Freedom Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality have often been used to overcome resistance to justice and remain vital today. From the oppression of emancipated slaves after the Civil War, to the internment of Japanese Americans during World War II, to President Trump’s ban on Muslim travelers, Tsai applies lessons from past struggles to pressing contemporary issues. |
| equality before the law: Equality and Discrimination Under International Law Warwick Alexander McKean, 1983 History of discrimination and equal opportunity under international law - discusses replacement of minority group protection by human rights; covers racial discrimination, sex discrimination, language discrimination and religious discrimination; examines role of UN and specialized agencies, role of ILO and ILO Conventions, judicial decisions, etc. |
| equality before the law: Equality Before the Law Michael P Foran, 2023-12-14 This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality manifest in a commitment to collective flourishing without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution. |
| equality before the law: The Pursuit of Equality in the West Aldo Schiavone, 2022-07-05 One of the world’s foremost historians of Western political and legal thought proposes a bold new model for thinking about equality at a time when its absence threatens democracies everywhere. How much equality does democracy need to survive? Political thinkers have wrestled with that question for millennia. Aristotle argued that some are born to command and others to obey. Antiphon believed that men, at least, were born equal. Later the Romans upended the debate by asking whether citizens were equals not in ruling but in standing before the law. Aldo Schiavone guides us through these and other historical thickets, from the first democracy to the present day, seeking solutions to the enduring tension between democracy and inequality. Turning from Antiquity to the modern world, Schiavone shows how the American and the French revolutions attempted to settle old debates, introducing a new way of thinking about equality. Both the French revolutionaries and the American colonists sought democracy and equality together, but the European tradition (British Labour, Russian and Eastern European Marxists, and Northern European social democrats) saw formal equality—equality before the law—as a means of obtaining economic equality. The American model, in contrast, adopted formal equality while setting aside the goal of economic equality. The Pursuit of Equality in the West argues that the United States and European models were compatible with industrial-age democracy, but neither suffices in the face of today’s technological revolution. Opposing both atomization and the obsolete myths of the collective, Schiavone thinks equality anew, proposing a model founded on neither individualism nor the erasure of the individual but rather on the universality of the impersonal human, which coexists with the sea of differences that makes each of us unique. |
| equality before the law: INTERNAT COVENANT CIVIL POL RIGHTS 3E C Sarah Joseph, Melissa Castan, 2013-07-25 Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike. |
| equality before the law: Marriage Equality William N. Eskridge, Jr., Christopher R. Riano, 2020-08-18 The definitive history of the marriage equality debate in the United States, praised by Library Journal as beautifully and accessibly written. . . . An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same‑sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one‑sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality. |
| equality before the law: Education Law Derek Black, Robert A. Garda, John E. Taylor, Emily Gold Waldman, 2021-01-31 The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Written by Derek Black, one of the nation’s foremost experts in education law and policy, and Education Law Association’s 2015 Goldberg Award for Most Significant Publication in Education Law recipient, this third edition casebook develops Education Law through the themes of equality, fairness, and reform. The book focuses on the laws of equal educational opportunity for various disadvantaged student populations, recent reform movements designed to improve education, and the general constitutional rights that extend to all students. New to the Third Edition: Updates on litigation regarding the fundamental right to education, school funding, and their intersection with COVID-19 issues New cases and analysis on the rights of LGBTQ youth, including Bostock v. Clayton County Department of Education’s new regulatory structure for investigating and resolving sexual harassment claims Two new U.S. Supreme Court special education cases defining the meaning of “free and appropriation public education” and the intersection of Rehabilitation Act with the Individuals with Disabilities in Education Act New cases on student walkouts and protests New U.S. Supreme Court case, Espinoza v. Montana, on vouchers and the free exercise of religion New analysis and updates on the Every Student Succeeds Act New materials on the U.S. Supreme Court’s decision striking down mandatory teacher union fees Professors and student will benefit from: Efficient presentation of cases—to permit more comprehensive inclusion of case law and issues Problems—which can be modified for group exercises, in-class discussion, or out-of-class writing assignments Contextualization and situation of case law in the broader education world—by including edited versions of federal policy guidelines, seminal law review articles, social science studies, and organization reports and studies Careful editing of cases and secondary sources—for ease of reading and comprehension Narrative introductions to every chapter, major section, and case—synthesize and foreshadow the material to improve student comprehension and retention Teaching materials Include: Teacher’s Manual |
| equality before the law: Equality Bob Hepple, 2014-10-16 The second edition of this widely-acclaimed book about the Equality Act 2010 by one of its leading architects brings forward the story of how and why this historic legislation was enacted and what it means, to cover the first four years of its implementation by the Coalition Government and in the courts. This includes an assessment of amendments to the legislation, the reduction in the powers and budget of the Equality and Human Rights Commission and the imposition of tribunal fees, as well as a discussion of possible future directions of equality law and policy. From the Foreword to the first edition by Lord Lester of Herne Hill QC 'This is no ordinary law book, and its author is no ordinary lawyer. The book, like the Equality Act 2010 which it describes and discusses, is a major landmark in the long struggle for effective legal protection of equal rights and equal treatment without direct or indirect discrimination. It places the law in its political, economic and social context and traces its often contested and controversial legal history...'. |
| equality before the law: The Principle of Equality in EU Law Lucia Serena Rossi, Federico Casolari, 2017-11-23 This book provides a comprehensive and updated legal analysis of the equality principle in EU law. To this end, it argues for a broad definition of the principle, which includes not only its inter-individual dimension, but also the equality of the Member States before the EU Treaties. The book presents a collection of high-quality academic and expert contributions, which, in light of the most recent developments in implementing the post-Lisbon legal framework, reflect the current interpretation of the equality principle, examining its performance in practice with a view to suggesting possible solutions in order to overcome recurring problems. To this end the volume is divided into three Parts, the first of which addresses a peculiar aspect of the EU equality that is mostly overlooked in the investigations devoted to this topic, namely, equality among States. Part II shifts to the inter-individual dimension of equality and explores some major developments contributing to (re)shaping the global framework of EU anti-discrimination law, while Part III undertakes a more practical investigation devoted to the substantive strands of that area of EU law. |
| equality before the law: Taking Rights Seriously Ronald Dworkin, 2018-06-25 What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form. |
| equality before the law: Equality in Education Law and Policy, 1954-2010 Benjamin M. Superfine, 2013-03-11 Examines how the concept of equality in education law and policy has transformed from Brown v. Board of Education through the Stimulus. |
| equality before the law: Democracy and the Rule of Law Adam Przeworski, José María Maravall, 2003-07-21 This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest. |
| equality before the law: Brown v. Board of Education James T. Patterson, 2001-03-01 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, I was so happy, I was numb. The novelist Ralph Ellison wrote, another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children! Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954? |
| equality before the law: Liberty, Equality, Fraternity James Fitzjames Stephen, 1873 |
| equality before the law: Equality Before the Law: Women's Access to the Legal System , 1994 |
| equality before the law: International Law: A Very Short Introduction Vaughan Lowe, 2015-11-26 Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation. |
| equality before the law: The Hidden Gender of Law Regina Graycar, Jenny Morgan, 1990 Child abuse - Affirmative action - Divorce - Domestic violence - Discrimination - Equal opportunity - Family law - Sexual harassment - Surrogacy. |
| equality before the law: The Equality Trap , Despite the feminist revolution of the past twenty years, most women in America are worse off today than at any time in the recent past. Magazines and television programs profile women bank executives, surgeons, and corporate lawyers, but the vast majority of women still work in relatively low-paying jobs. Women work more hours per week in the house and outside than ever before, and a paying job has become a necessity for women in most households. What went wrong? In this provocative book, Mary Ann Mason argues that the women's movement shares some of the blame for this situation. In an original analysis that draws on both social and legal history, she explains how the move away from women's rights toward equal rights has worsened the situation of American working women, especially working mothers. Because women are still the primary care-providers for their children, they must take flexible and relatively low-paying jobs to be available in case of a child-care problem. With nearly 50 percent of all marriages now ending in divorce, and with a growing trend-inspired by the equal rights movement-toward no-fault divorce and low- or no-alimony settlements, divorced mothers frequently find themselves economically devastated. Mary Ann Mason argues that the solution to this predicament is to draw up a new women's rights agenda that will benefit all working women, especially those with children. The equal-rights strategy was important in opening the door for the highly publicized super-achievers, but it is now time, she says, to improve the lives of the majority of America's working women. This book will be of interest to readers interested in gender studies, and particularly issues of equality and feminism. Mary Ann Mason is a professor of law and social welfare at the University of California, Berkeley. In addition to her law degree, Mason holds a Ph.D. in American social history. |
| equality before the law: A Commentary on the International Covenant on Civil and Political Rights Paul M. Taylor, 2020-07-02 A new and an essential reference work for any international human rights law academic, student or practitioner, A Commentary on the International Covenant on Civil and Political Rights spans all substantive rights of the International Covenant on Civil and Political Rights (ICCPR), approached from the perspective of the ICCPR as an integrated, coherent scheme of rights protection. In detailed coverage of the Human Rights Committee's output when monitoring ICCPR compliance, Paul M. Taylor offers extraordinary access to forty years of its Concluding Observations, Views and General Comments organised thematically. This Commentary is a solid and practical introduction to any and all of the civil and political rights in the ICCPR, and a rare resource explaining the requirements for domestic implementation of ICCPR standards. An indispensable research tool for any serious enquirer into the subject, the Commentary speaks to the accomplishments of the ICCPR in striving for universal human rights standards. |
| equality before the law: What Is Marriage? Sherif Girgis, Ryan T. Anderson, Robert George, 2020-07-21 Until very recently, no society had seen marriage as anything other than a conjugal partnership: a male–female union. What Is Marriage? identifies and defends the reasons for this historic consensus and shows why redefining civil marriage as something other than the conjugal union of husband and wife is a mistake. Originally published in the Harvard Journal of Law and Public Policy, this book’s core argument quickly became the year’s most widely read essay on the most prominent scholarly network in the social sciences. Since then, it has been cited and debated by scholars and activists throughout the world as the most formidable defense of the tradition ever written. Now revamped, expanded, and vastly enhanced, What Is Marriage? stands poised to meet its moment as few books of this generation have. Sherif Girgis, Ryan T. Anderson, and Robert P. George offer a devastating critique of the idea that equality requires redefining marriage. They show why both sides must first answer the question of what marriage really is. They defend the principle that marriage, as a comprehensive union of mind and body ordered to family life, unites a man and a woman as husband and wife, and they document the social value of applying this principle in law. Most compellingly, they show that those who embrace same-sex civil marriage leave no firm ground—none—for not recognizing every relationship describable in polite English, including polyamorous sexual unions, and that enshrining their view would further erode the norms of marriage, and hence the common good. Finally, What Is Marriage? decisively answers common objections: that the historic view is rooted in bigotry, like laws forbidding interracial marriage; that it is callous to people’s needs; that it can’t show the harm of recognizing same-sex couplings or the point of recognizing infertile ones; and that it treats a mere “social construct” as if it were natural or an unreasoned religious view as if it were rational. |
| equality before the law: The Many and the One Richard Madsen, Tracy B. Strong, 2009-01-10 The war on terrorism, say America's leaders, is a war of Good versus Evil. But in the minds of the perpetrators, the September 11 attacks on New York and Washington were presumably justified as ethically good acts against American evil. Is such polarization leading to a violent clash of civilizations or can differences between ethical systems be reconciled through rational dialogue? This book provides an extraordinary resource for thinking clearly about the diverse ways in which humans see good and evil. In nine essays and responses, leading thinkers ask how ethical pluralism can be understood by classical liberalism, liberal-egalitarianism, critical theory, feminism, natural law, Confucianism, Islam, Judaism, and Christianity. Each essay addresses five questions: Is the ideal society ethically uniform or diverse? Should the state protect, ban, or otherwise intervene in ethically based differences? How should disagreements on the rights and duties of citizens be dealt with? Should the state regulate life-and-death decisions such as euthanasia? To what extent should conflicting views on sexual relationships be accommodated? This book shows that contentious questions can be discussed with both incisiveness and civility. The editors provide the introduction and Donald Moon, the conclusion. The contributors are Brian Barry, Joseph Boyle, Simone Chambers, Joseph Chan, Christine Di Stefano, Dale F. Eickelman, Menachem Fisch, William Galston, John Haldane, Chandran Kukathas, David Little, Muhammad Khalid Masud, Carole Pateman, William F. Scheuerman, Adam B. Seligman, James W. Skillen, James Tully, and Lee H. Yearley. |
| equality before the law: Ain't I A Woman? Sojourner Truth, 2020-09-24 'I am a woman's rights. I have plowed and reaped and husked and chopped and mowed, and can any man do more than that? I am as strong as any man that is now' A former slave and one of the most powerful orators of her time, Sojourner Truth fought for the equal rights of Black women throughout her life. This selection of her impassioned speeches is accompanied by the words of other inspiring African-American female campaigners from the nineteenth century. One of twenty new books in the bestselling Penguin Great Ideas series. This new selection showcases a diverse list of thinkers who have helped shape our world today, from anarchists to stoics, feminists to prophets, satirists to Zen Buddhists. |
| equality before the law: The Constitution in Conflict Robert A. Burt, 1992 In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law. |
| equality before the law: One Another’s Equals Jeremy Waldron, 2017-06-19 Cover -- Title Page -- Copyright -- Dedication -- Contents -- Preface -- 1. More Than Merely Equal Consideration? -- 2. Prescriptivity and Redundancy -- 3. Looking for a Range Property -- 4. Power and Scintillation -- 5. A Religious Basis for Equality? -- 6. The Profoundly Disabled as Our Human Equals -- Index |
| equality before the law: Democracy and Equality Geoffrey R. Stone, David A. Strauss, 2020 Brown v. Board of Education (1954) -- Mapp v. Ohio (1961) -- Engel v. Vitale (1962) -- Gideon v. Wainwright (1963) -- New York Times v. Sullivan (1964) -- Reynolds v. Sims (1964) -- Griswold v. Connecticut (1965) -- Miranda v. Arizona (1966) -- Loving v. Virginia (1967) -- Katz v. United States (1967) -- Shapiro v. Thompson (1968) -- Brandenburg v. Ohio (1969). |
Home | Equality Forum
Be sure to visit lgbthistorymonth.com beginning October 1, when a new Icon is celebrated each day of the month with videos, bios and other resources!
The Organization - Equality Forum
Equality Forum coordinated a federal lawsuit filed in September 2013 in Philadelphia on behalf of Cara Palladino and Isabelle Barker. The couple, who married legally in February 2005 in their …
EF Timeline - Equality Forum
Oct 14, 1979 · Equality Forum presents the Pick Up Performance Co(s) production of “217 Boxes of Dr. Henry Anonymous,” a play about Dr. John Fryer, written and directed by Obie-Award …
Governance - Equality Forum
Equality Forum is governed by a Board of Directors and guided by a National Board of Governors. Equality Forum Board of Directors, 2024-2025. Keith Joseph, Chair Litigation Counsel, …
Event - 2024 LGBT History Month Launch - Equality Forum
Among other issues, the organization advocated for LGBTQ+ parental rights and marriage equality. In 2019 GALLOP became the Philadelphia LGBTQ Bar Association. With its many …
Event - 2023 LGBT History Month Launch | Equality Forum
Jun 27, 2023 · Donor’s name will be on file at the Registration Desk. Ticket(s) will not be mailed. For additional information or questions, contact Malcolm Lazin at mlazin@equalityforum.com or …
FORTUNE 500 Non-Discrimination Project - Equality Forum
Equality Forum in collaboration with Professor Louis Thomas, Wharton School of the University of Pennsylvania and Ian Ayres, William K. Townsend Professor, Yale Law School reported a …
Historic Markers - Equality Forum
Equality Forum applies for and oversees the installation of government approved, "nationally significant" LGBT historic markers. Each reflects an important person or seminal event for the …
News - Equality Forum
Feb 11, 2017 · Equality Forum Sends Letter to Trump Seeking His Position on the Equality Act Jun 27, 2016 Comcast Donates $1.5 Million in Airtime for Equality Forum 2016 PSA Broadcast
Event - LGBT History Month Launch - Equality Forum
He is vice chair of the Congressional Progressive Caucus and chair of the Congressional LGBTQ+ Equality Caucus. He has spent his career fighting to protect the middle class and …
before law' and 'equal protection of the law'. There is no express
2008] BEYONDREASONABLENESS-ARIGOROUSSTANDARD 181 territory.Ifthereisacaseforahigherstandardofreviewinthecaseof …
PROMOTING THE RULE OF LAW UNDER THE 1992 …
law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of …
EQUALITY BEFORE THE LAW PRINCIPLE AND THE …
%PDF-1.7 %µµµµ 1 0 obj >/Metadata 570 0 R/ViewerPreferences 571 0 R>> endobj 2 0 obj > endobj 3 0 obj >/ExtGState >/XObject >/ProcSet[/PDF/Text/ImageB/ImageC ...
Equality Before the Law: Women’s Human Rights and The …
Rights, among others, ensure equality before the law and equal protection of law; prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and …
THE RULE OF LAW AND EQUALITY - JSTOR
Each condition presupposes the satisfaction of those before it.3 Regularity and publicity together lead to vertical equality. A state that has achieved them has achieved a weak version of the …
Following Grenfell: access to justice - Equality and Human …
law. For rights to be effective, they have to be capable of being enforced; everyone should be able to seek legal redress for unlawful acts. Access to justice covers several rights recognised in …
‘Equality before the Law’: A Barrier to Access to Justice?
the principle of equality before the law is fully upheld if in concrete cases the judicial authorities decide that a woman, an alien, or the member or some particular religion or race, has no …
Equality before the Law: Legal Judgment Consistency …
SCIENCE CHINA Information Sciences. RESEARCH PAPER. Equality before the Law: Legal Judgment Consistency Analysis for Fairness Yuzhong Wang1*, Chaojun Xiao1*, Shirong …
WOMEN AND LAW IN INDIA - School of Legal Education
In the same sequence following are the specific provisions that are enshrined in Constitution of India related to the rights of women of country.1 Article 14-This provision talks about equality …
The Concept of Equality: Its Scope, Developments and
The concept of rule of law has been subject to various interpretations. According to Dicey 18 the rule of law has three meanings (i) The absolute supremacy of regular law as opposed to the …
An Analysis of the Constitutional Principles of Equality and ...
shall be denied equality before the law or equal protection of the law, but Article 8 does not prevent Parliament from making a law based on or involving some classifications. …
EQUALITY BEFORE THE LAW PRINCIPLE IN THE …
position before the law, known as the principle of equality before the law2 as enshrined in Article 27 paragraph (1) of the 1945 Constitution. The consequence of the principle of equality before …
AN ANALYSIS ON 'EQUALITY' AS A RIGHT - IJIRL
The constitution promises ‘equality before law’ to all citizens and prohibits discrimination on grounds of religion, caste, sex or place of birth. Equality of opportunity in public employment is …
PART III - Ministry of External Affairs
Right to Equality 14. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Definition. Laws inconsistent with or in …
Changing Concepts of Equality: From Equality before the …
equality before the law at its core relies heavily upon a free private sector, but the quest for equality in social-political-economic status de-nies the relevance of any distinction between …
THE ‘DAY FINE’ – IMPROVING EQUALITY BEFORE THE …
Equality before the law is one of the fundamental rights of the international community, recognised in human rights instruments internationally, nationally and in Australia at a state level.7 …
The Meaning of Equality - Hoover Institution
The insistence on equality before the law was an expression of the notion of Christian liberty. In rejecting a hierarchical conception of the world, Protestants could acquiesce in an …
THEME COMMITTEE 1 : EQUALITY BEFORE THE LAW: …
By subscribing to the principle of equality before the law we must not be understood to allege that all people are in fact equal. People differ in various respects that may be relevant and justified …
The Irrelevance of Equality before the Law - people.umass.edu
equality before the law is a genuinely valuable sort of equality. He says, ‘Equality before the law is nonetheless valuable for that. It secures to all the protection of the law – no man is to be …
Rekonstruksi Asas Equality Before The Law Dalam …
(equality before the law in legal aid is needed to be given to the poor, this is based on Article 28D paragraph (1) of the 1945 Constitution, namely that everyone has the right to recognition, …
The right to equality and non-discrimination in the …
• To familiarize the participants with the notion of equality before the law and the principle of non-discrimination as understood by international human rights law • To illustrate how these …
Equality Before the Law - Hazleton Area High School
Equality Before the Law Chapter 21 Section 2 . Equal Protection Clause •Found in 14th amendment •Originally intended for newly freed slaves •Govt. can’t draw distinction between …
BEYOND REASONABLENESS – A RIGOROUS …
2008] BEYONDREASONABLENESS-ARIGOROUSSTANDARD 181 territory.Ifthereisacaseforahigherstandardofreviewinthecaseof …
Equality Before the Law - Voices for Children
Equality Before the Law: Race & Ethnicity in the Front End of Nebraska’s Child Welfare System. 2 In Nebraska, children of color are overrepresented among maltreatment reports when …
Effective Remedies for Breach of the Equalities and non …
The Seminar on Equality before the Law 4 April 2014 Introduction My understanding is that the focus of discussion up to this point has been to examine issues relating to the right to equality …
COMPARATIVE STUDY OF RULE OF LAW IN INDIA AND …
Oct 9, 2020 · according to the procedure of law. If is necessary for the proper functioning of law. 2. Equality before Law-_There should be no discretionary Power to be given in the hands of …
APPLICATION OF THE PRINCIPLE OF EQUALITY …
that applying the principle of equality before the law in law enforcement has not achieved the justice felt by the community. In terms of legal substance, legal structure, and legal culture …
st - grkarelawlibrary.yolasite.com
Rule of Law. • The concept of equality and equal protection of laws guaranteed by Art. 14 in its proper spectrum encompass social and economic justice in a political democracy.9. 1. Equality …
Protection for the rights to equality before law and conviction …
Protection for the right to equality before law under Article14. 2. Protection in respect of conviction for offences under Article 20. Research Methodology To investigate the Fundamental rights of …
DOCTRINE OF RULE OF LAW - ANALYZING THE …
that rule of law contains three principles i.e. supremacy of law, equality before law, and the predominance of legal spirit. Prof. Dicey explained that no man is punishable except for a …
The Law Society of New South Wales
%PDF-1.4 %ª«¬ 1 0 obj /Title (Equality before the Law Bench Book) /Author (Judicial Commission of NSW) /Creator (DocBook XSL Stylesheets with Apache FOP) /Producer (Apache FOP …
2014 Equal Before the Law - Australian Human Rights …
Equal Before the Law: Towards Disability Justice Strategies – February 2014 4 Foreword Equality Before The Law is a basic tenet of human rights. But I have learned, both as an advocate and …
DICEY’S THEORY of Rule of Law consists1 of three main …
required to be proved before the ordinary courts in accordance with ordinary procedure. 2. Equality before Law: As per Dicey Rule of law, in the second principle, means the equality of …
Equality before the Law: Legal Judgment Consistency …
SCIENCE CHINA Information Sciences. RESEARCH PAPER. Equality before the Law: Legal Judgment Consistency Analysis for Fairness Yuzhong Wang1*, Chaojun Xiao1*, Shirong …
THE CONSTITUTION OF INDIA - India Code
Right to Equality 14. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Definition. Laws inconsistent with or in …
Equality before the law – do preprepared statements …
before the jury by way of memorandum of interview. The failure to do so meant that he was in the position of being either compelled to give evidence or else put nothing before the jury at all. It …
Equality Before the Law: Race and Ethnicity in Nebraska’s
Equality Before the Law: Race and Ethnicity in Nebraska’s Juvenile Justice System. 2 Total Youth Population (10-17 years) (2016)9 ... Law enforcement, including county attorneys, control the …
THE CONSTITUTION OF THE UNITED REPUBLIC OF …
The Right to Equality 12. Equality of human beings. 13. Equality before the law. The Right to Life 14. The right to life. 15. Right to personal freedom. 16. Right to privacy and personal security. …
Rule of Law and Access to Justice in Bangladesh A Concept …
Mar 1, 2016 · IHL instruments emphasize right to equality before law, equal legal protection, and the right to legal remedy before an accessible, affordable, and effective legal-judicial authority. …
THE CORNERSTONE OF OUR LAW: EQUALITY, …
Equality before the law isafoundational principleof the common law and is of particular importance for administrative law, given the connec-tion between judicial review and the rule of law. …
The White Mob, (In) Equality Before the Law, and Racial …
is equality before the law of the country, and equality is violated by segregation laws, that is, by laws enforcing segregation, not by social customs and the manner of educating children. . . . …
Napoleonic Code of laws - Napoleonic Code (or the French …
In post Revolution France, the ideas of female equality received a setback in a series of laws known as the Napoleonic Code. Through it, the legal right of men to control women was …
Bill of Rights - National Assembly of Zambia
Equality before law Fair administration 43. All persons are equal before the law and have the right to equal protection and benefit of the law. 44. A person has the right to administrative action …
Reinterpretasi Imunitas DPR dalam Sistem Ketatanegaraan …
equality before the law, as well as highlighting the impact of the abuse of immunity rights on public trust in the legislature. In contrast to previous research, which generally focused on the ...
The Law of the Republic of Armenia “On Ensuring Equality …
Ensuring Equality Before the Law in separate fields Article 9. Prohibition of discrimination in working relations 1. In working relations it is prohibited to demonstrate any distinction, …
GENDER EQUALITY: THE CONSTITUTION & THE LAWS
before the law and are entitled without any discrimination to equal protection of the law. CEDAW: Malaysia has acceded (though with some significant reservations) to the UN Convention on …
Case Note NEW APPROACHES TO THE …
(equality before the law, in the sense of the edifice of the legal system in totality as experienced by the legal subject). 8 This view might shed some light on why the courts characterised the …
AND CONSTITUTION a No (i). - JSTOR
298 TheIrishJurist,1982 cabined"(13).Onerecentandveryimpressiveanalysisofthetopicgoes almostsofarastosuggestthatequalityprovisionsbeexcisedfrom ...
