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, etc. Note
Includes bibliographical references (pages 352-372) and index.
Formatted Contents Note
Michael Walzer and complex equality The principle of equal treatment of persons irrespective of gender The 'Article 19' grounds : racial or ethnic origin, religion or belief, disability, age, and sexual orientation Nationality discrimination Semi-suspect and non-suspect grounds Reflections Presenting a theory of mediated complexity Evaluation.
KJE5142 .L35 2018
Leiden, The Netherlands : Brill Nijoff,