Title Complex equality and the Court of Justice of the European Union : reconciling diversity and harmonization / by Richard Lang ; with foreword by Mark Bell

Published Leiden, The Netherlands : Brill Nijoff, [2018]

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Description 1 online resource (xiv, 376 pages) Series Nijhoff studies in European Union law ; volume 14 Nijhoff studies in EU law ; v. 14. Contents Michael Walzer and complex equality -- The principle of equal treatment of persons irrespective of gender -- Racial or ethnic origin, religion or belief, disability, age, and sexual orientation : new statuses, new status rights? -- Nationality discrimination -- Semi-suspect and non-suspect grounds -- Reflections -- Presenting a theory of mediated complexity -- Evaluation 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 Bibliography Includes bibliographical references and index Notes Print version record Subject Walzer, Michael SUBJECT Walzer, Michael fast Subject Court of Justice of the European Union. SUBJECT Court of Justice of the European Union fast Subject Equality before the law -- European Union countries Discrimination -- Law and legislation -- European Union countries Equality -- Philosophy Distributive justice. Cultural pluralism. Cultural Diversity LAW -- Constitutional. LAW -- Public. Cultural pluralism Discrimination -- Law and legislation Distributive justice Equality before the law Equality -- Philosophy European Union countries Form Electronic book Author Bell, Mark, 1974- writer of foreword. ISBN 9789004354265 9004354263

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