Complex Equality and the Court of Justice of the European Union
Reconciling Diversity and Harmonization
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Word Count
94,000 words, Guess
Page Count
376 pages
Identifiers
- Open LibraryOL38042283M
- ISBN-139789004299993
- OCLC Control Number1028851974
- Library of Congress Control Number2018023152
Classifications
- LCCKJE5142.L35 2018
Description
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.
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