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Complex Equality and the Court of Justice of the European Union

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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 unlike...
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  • 19 July 2018
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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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Price: $224.00
Pages: 378
Publisher: Brill
Imprint: Brill | Nijhoff
Series: Nijhoff Studies in European Union Law
Publication Date: 19 July 2018
ISBN: 9789004299993
Format: Hardcover
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Richard Lang, Ph.D. (2011), King’s College London, is Senior Lecturer at the University of Brighton and a solicitor. He has published articles on EU Law in several leading journals and has acted as Fundamental Rights Specialist for the European Parliament.