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Equal Opportunity and the Case for State Sponsored Ectogenesis
by Evie KendalEctogenesis refers to the artificial gestation of a fetus outside the womb. Despite certain advantages for women's reproductive liberty, feminist groups remain divided regarding this technology. This book argues that reproduction imposes unjust burdens on women, and thus the ideals of equal opportunity demand continued research into ectogenesis.
The Equal Parent Presumption
by Edward KrukIn custody battles over the children of separated parents, the prevailing standard of evaluating what is in the "best interests of the child" has been scrutinized because of the discretionary nature of what is "best" and because of the bias in favour of the child residing in one "primary residence." In response, a consensus is beginning to emerge that it is vitally important that children maintain meaningful relationships with both parents after divorce. In The Equal Parenting Presumption, Edward Kruk proposes a child-focused approach based on a standard that considers the best interests of the child from the perspective of the child and a responsibility-to-needs orientation to social justice for children and families. Challenging previous research and received ideas, Kruk presents an evidence-based framework of equal parental responsibility as the most effective means of ensuring the protection of family relationships following divorce, and shielding children from ongoing parental conflict and family violence. The existing system of determining parental rights and responsibilities is harming families. The Equal Parenting Presumption addresses a major barrier to the principle of gender equality in parenting after divorce, and proposes a viable alternative to sole custody in the form of a legal presumption of shared and equal parenting.
The Equal Parent Presumption: Social Justice in the Legal Determination of Parenting after Divorce
by Edward KrukIn custody battles over the children of separated parents, the prevailing standard of evaluating what is in the "best interests of the child" has been scrutinized because of the discretionary nature of what is "best" and because of the bias in favour of the child residing in one "primary residence." In response, a consensus is beginning to emerge that it is vitally important that children maintain meaningful relationships with both parents after divorce. In The Equal Parent Presumption, Edward Kruk proposes a child-focused approach based on a standard that considers the best interests of the child from the perspective of the child and a responsibility-to-needs orientation to social justice for children and families. Challenging previous research and received ideas, Kruk presents an evidence-based framework of equal parental responsibility as the most effective means of ensuring the protection of family relationships following divorce, and shielding children from ongoing parental conflict and family violence. The existing system of determining parental rights and responsibilities is harming families. The Equal Parent Presumption addresses a major barrier to the principle of gender equality in parenting after divorce, and proposes a viable alternative to sole custody in the form of a legal presumption of shared and equal parenting.
eQuality
by Peter Blanck J. D. David BraddockNever before have the civil rights of people with disabilities aligned so well with developments in information and communication technology. The center of the technology revolution is the Internet's World Wide Web, which fosters unprecedented opportunities for engagement in democratic society. The Americans with Disabilities Act likewise is helping to ensure equal participation in society by people with disabilities. Globally, the Convention on the Rights of Persons with Disabilities further affirms that persons with disabilities are entitled to the full and equal enjoyment of fundamental personal freedoms. This book is about the lived struggle for disability rights, with a focus on Web equality for people with cognitive disabilities, such as intellectual disabilities, autism, and print-related disabilities. The principles derived from the right to the Web - freedom of speech and individual dignity - are bound to lead toward full and meaningful involvement in society for persons with cognitive and other disabilities.
Equality: The History of an Elusive Idea
by Darrin M. McMahonThe definitive history of the idea of equality—and why we&’re so ambivalent about it Equality is in crisis. Our world is filled with soaring inequalities, spanning wealth, race, identity, and nationality. Yet how can we strive for equality if we don&’t understand it? As much as we have struggled for equality, we have always been profoundly skeptical about it. How much do we want, and for whom? Darrin M. McMahon&’s Equality is the definitive intellectual history, tracing equality&’s global origins and spread from the dawn of humanity through the Enlightenment to today. Equality has been reimagined continually, in the great world religions and the politics of the ancient world, by revolutionaries and socialists, Nazis and fascists, and postwar reformers and activists. A magisterial exploration of why equality matters and why we continue to reimagine it, Equality offers all the tools to rethink equality anew for our own age.
The Equality Act for Educational Professionals: A simple guide to disability inclusion in schools (nasen spotlight)
by Geraldine Hills"A definite must for SENCOS." -- Urmston Junior School "A good insight into process of tribunal and what the Equality Act means." -- Team Leader, St Paul's CE Primary School 'A much needed resource in supporting schools, centres, day nurseries and community childcare provision to understand the complexity of the issues surrounding SEN... A valuable tool.’ -- Gerri Ross – Head of Old Moat Sure Start Children’s Centre, UK "Straightforward and easily accessible...I would recommend this book to undergraduates and professionals alike who have an interest in ensuring that the rights of disabled children are upheld." -- Dr Craig Blyth, School of Education, University of Manchester, UK Under the Equality Act (2010), all schools and service providers have a legal obligation to make provision for disabled pupils, staff and school users. If you’re feeling confused and concerned about the content and implications of the Disability Duty Act (1995) and the more recently released Equality Act (2010), and how it affects your setting, this essential book will help you unpick the issues in a user-friendly and easily accessible way. This highly practical resource: explains the main parts of Equality Act (2010) as it affects disability in a way that will encourage all members of staff within a school to feel confident that they are correctly implementing its requirements; discusses ‘reasonable adjustments’ and ‘less favourable treatment’ which are at the heart of the legislation; shows how ‘less favourable treatment’ and ‘reasonable adjustments’ apply to admissions, exclusions, handling of medicines and during school trips; uses examples and case studies throughout, and highlights the key factors for success in making reasonable adjustments; takes readers through the process of an alleged act of discrimination against the school, and how it may be resolved, up to and including the SEND tribunal process. The author brings a wealth of experience to this topic, both as a parent of a disabled child and as a trainer of professionals. She uses her unique insight to develop skills and awareness in anyone who follows her material, and shows through tried and tested concepts and methods, how schools and settings can avoid costly and stressful tribunals. Headteachers, teachers, SENCos, Sure Start Centre Managers and anyone who works in educational settings will find this book essential to their professional development and a fantastic source of support and help.
Equality and Discrimination Law in Australia: An Introduction
by Beth Gaze Belinda SmithEquality and Discrimination Law in Australia: An Introduction explores four decades of anti-discrimination laws in Australia. Beth Gaze and Belinda Smith argue that effective laws protecting against and deterring discrimination are vital for a fair future, and emphasise the theoretical and social contexts that underpin this area of the law. The text is divided into three sections: the first addresses the social and conceptual context, history and framework of anti-discrimination laws; the second analyses the main elements of the law and the processes of enforcement; and the third explores broader avenues for pursuing equality beyond simply prohibiting discrimination. Written in a clear and concise style, Equality and Discrimination Law in Australia: An Introduction is a vital resource for students.
Equality and Tradition: Questions of Value in Moral and Political Theory
by Samuel SchefflerThis collection of essays by noted philosopher Samuel Scheffler combines discussion of abstract questions in moral and political theory with attention to the normative dimension of current social and political controversies. In addition to chapters on more abstract issues such as the nature ofhuman valuing, the role of partiality in ethics, and the significance of the distinction between doing and allowing, the volume also includes essays on immigration, terrorism, toleration, political equality, and the normative significance of tradition. Uniting the essays is a shared preoccupation with questions about human value and values. The volume opens with an essay that considers the general question of what it is to value something - as opposed, say, to wanting it, wanting to want it, or thinking that it is valuable. Other essays exploreparticular values, such as equality, whose meaning and content are contested. Still others consider the tensions that arise, both within and among individuals, in consequence of the diversity of human values. One of the overarching aims of the book is to illuminate the different ways in whichliberal political theory attempts to resolve conflicts of both of these kinds.
Equality and Vulnerability in the Context of Italian Political Philosophy: Italian Efficacy (Studies in the History of Law and Justice #26)
by Gianfrancesco ZanettiOne of the main goals of this book is to determine if, in the works of some of the key authors in the history of Italian political philosophy, a notion of “efficacy” can be found. In legal philosophy, “efficacy” is the capacity a norm has to effectively influence citizens’ behavior. The “principle of efficacy” is that according to which an order or rule exists as such when it is followed effectively in practice. Here by “efficacy” I mean the idea that normative phenomena are self-justifying, without reference to extrinsic systems of value (such as “natural law”). The examinations of several texts undertaken here constitute reflections on this theme, without any claim to systematicity. They have been grouped together, roughly in historical order, by their common respect for the contexts within which they reason and reach decisions, which lends them a characteristic flavor of harsh realism that at times relies on a minimalist use of traditional normative categories.The second theme that emerges through the respective chapters (each of which constitutes the text for a lesson in a course for Ph.D. students) is that of the relationship between “equality” and “vulnerability.” Here the idea is to elaborate a concept of “vulnerability” that is not underpinned by what we in Italy call an “anthropology,” that is, a fixed notion of human nature. Instead this concept should be comprehensible and graspable solely on the basis of the recognition of decisions and actions that are merely “efficacious,” that function “for what they are, and what they do.” This recognition doesn’t even need to be explicitly articulated by these authors with any specific, deliberately conscious awareness.The goal is not to identify a precise tradition of thought, one which elaborates a given line of reflection, but rather to highlight certain “themes” that emerge in the texts examined, even as the authors write with and for their own specific, contingent set of motives, which differ from time to time and place to place. These authors include some who are widely known, such as Dante, Machiavelli, and Beccaria. At times they are figures who typify certain key historical episodes, such as the Risorgimento (Giuseppe Mazzini) or Fascism (Cesare Lombroso and Santi Romano), while others reflect certain aspects of a contemporary debate (Pasolini and the “Braibanti affair”).The book is based on lectures given for a 2021 Ph.D. Course at the University of California, Berkeley’s Department of Italian Studies.
Equality, Discrimination and the Law
by Michael ConnollyIn identifying a number of ‘fuzzy border’ cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of ‘pensionable age’ (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of ‘fuzzy borders’. Starting with the James case, this book investigates a number of ‘fuzzy border’ cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as ‘direct and indirect discrimination are mutually exclusive’ do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses.
Equality, Diversity and Opportunity Management: Costs, Strategies and Leadership
by Tony MordenEquality, Diversity and Opportunity Management presents a comprehensive analysis of the processes of governance, leadership, policy and strategy formulation, decision-making, practical and financial management, and real-world implementation of the Equality, Diversity, Opportunity, and Discrimination (or anti-Discrimination) Agenda. The leadership, cost, and management of the Agenda for Equality, Diversity, Opportunity, and Discrimination (or anti-Discrimination) is discussed in three mandatory areas: ¢ Employment and the Workplace ¢ Service Provision and customer service ¢ Neighbourhood and Community Management The necessary choice of these three key areas of application reflects a typical focus of government policy, legislation, and case law for the UK, Europe, North America, Australia, New Zealand, and in many other countries that implement active Human Rights Agendas. You will find the book strongly orientated towards issues of corporate governance, personal and vicarious responsibility, leadership, cost management, implementation, and delivery. It deals directly, professionally, and in a non-opinionated manner with challenging (and sometimes unpopular or unwanted) issues of equality and inequality, diversity, a lack of opportunity or social mobility, and the widespread incidence of discrimination. The work suggests practical and realistic means to deal with such issues, whether at the level of corporate governance, leadership, policy and strategy, the incurring of unnecessary cost, or at the level of operational and departmental management procedure and process. Equality, Diversity and Opportunity Management is written at the same time from scholarly, objective, applied, proportionate, ’hands-on’, and practitioner based perspectives.
Equality in International Society
by Ronnie HjorthThe author re-examines the concept of equality in international society, past and present. The conventional view that equality of states necessarily flows from sovereignty, that it is a corollary to sovereignty or simply a synonym, is considered a contingent rather than a necessary contention. The main argument is that equality in global international society should be theorised anew, restoring the normative strength of the principle. It is shown how concepts of equality make intelligible different normative and ethical conceptions of the modern political space in the past. Drawing on the works of such diverse theorists as Hans Kelsen, Peter Singer, John Rawls and Michael Oakeshott, the author suggests how a renewed interest in equality contributes to making international society a more inclusive, egalitarian, and credible moral and political association.
Equality in Theory and Practice: A Moral Argument for Ethical Improvements
by Ronald FrancisThis book is an account of the concept of equality from the perspective of both theory and practice, and presents methods of quantifying values. It considers both arguments and evidence, and tackles equality in its different forms, including economic equality, education, equality before the law, equality of opportunity, and gender equality. The book shows that inequality is a profoundly moral question, noting that there are good practical reasons for its adoption. It presents a consideration of classical theories from Aristotle to Hume, as well as contemporary approaches such as those offered by Rawls, Haidt, Temkin, and Parfit. It also contemplates issues such as the naturalistic fallacy, and considers what is different about the Goleman view of moral sensitivity and the ethical personality. The array of evidence includes the impact of climate and various plants such as sugar and cotton on the slave trade, the concept of Gaia, Darwinism, sex inequality, personality, culture, psychological issues, and the quantification of ethics. The book concludes with some practical suggestions for improving equality. It aims to raise awareness of the ways in which equality can be understood, and achieved. It will be relevant to students and scholars in philosophy, human rights, and law.
The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future
by Orly LobelAN ECONOMIST BEST BOOK OF 2022 At a time when AI and digital platforms are under fire, Orly Lobel, a renowned tech policy scholar, defends technology as a powerful tool we can harness to achieve equality and a better future. Much has been written about the challenges tech presents to equality and democracy. But we can either criticize big data and automation or steer it to do better. Lobel makes a compelling argument that while we cannot stop technological development, we can direct its course according to our most fundamental values. With provocative insights in every chapter, Lobel masterfully shows that digital technology frequently has a comparative advantage over humans in detecting discrimination, correcting historical exclusions, subverting long-standing stereotypes, and addressing the world&’s thorniest problems: climate, poverty, injustice, literacy, accessibility, speech, health, and safety. Lobel's vivid examples—from labor markets to dating markets—provide powerful evidence for how we can harness technology for good. The book&’s incisive analysis and elegant storytelling will change the debate about technology and restore human agency over our values.
Equality under the Constitution: Reclaiming the Fourteenth Amendment
by Judith A. BaerThe 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 within Our Lifetimes: How Laws and Policies Can Close—or Widen—Gender Gaps in Economies Worldwide
by Jody Heymann Aleta Sprague Amy RaubA free ebook version of this title is available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. Well into the twenty-first century, achieving gender equality in the economy remains unfinished business. Worldwide, women’s employment, income, and leadership opportunities lag men’s. Building and using a one-of-a-kind database that covers 193 countries, this book systematically analyzes how far we’ve come and how far we have to go in adopting evidence-based solutions to close the gaps. Spanning topics including girls’ education, employment discrimination of all kinds, sexual harassment, and caregiving needs across the life course, the authors bring the findings to life through global maps, stories of laws’ impact in courts and beyond, and case studies of making change. A powerful call to action, Equality within Our Lifetimes reveals how gender equality is both feasible and urgently needed to address some of the greatest challenges of our generation.
The Equilibrium of Parliamentary Law-making: Comparative Perspectives on the Role of Courts in a Democracy (Routledge Research in Public Law)
by Viktor KazaiThis book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments’ role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of these flaws. The analysis is premised on the concept of equilibrium. This explanatory concept denotes an ideal state in which parliamentary law-making complies with the requirements of constitutionalism, and judicial review is conceptualized as a mechanism suitable to achieve this aim. The volume places the judicial review of the regulation and the practice of parliamentary law-making at its center and discusses all the relevant legal concepts, institutions, and doctrines. It combines theoretical analysis with case law-centered comparative research covering a large number of decisions delivered by apex courts operating in various jurisdictions. Due to this methodological choice, the book aims to simultaneously contribute to the scholarly discourse and provide useful information to practicing lawyers and policymakers working in the areas of constitutional law and politics and comparative law.
Equine Landscapes of Interspecies Care
by Nora Schuurman Alex FranklinThis book focuses on the spaces and practices of caring for horses, explored in a series of case studies set across the equine lifespan. For horses, everyday practices of care as well as ever-changing understandings of what is good care directly shape their living conditions and lives with humans. In this book, questions of animal ethics and welfare are approached in a tangible way by exploring the relationships and practices of interspecies care across a range of different spaces, including horse yards, training grounds, farms, rescue centres and the street. The chapters illuminate the ways in which interspecies care ties horses to human society and culture, addressing care practices in different stages of the equine life cycle. Through a unique set of case-studies addressing issues such as training, working, rescue, aging and death, the book offers a clear overview of how humans shape the lifespan of animals living under their care. It simultaneously foregrounds the agency of animals in this process and how such agency is interpreted and responded to by humans. With its theoretically solid analysis of rigorous empirical study, the book answers the need to understand human connection to the nonhuman world within the everyday practices and spaces of contemporary society and culture.
Equitable Access to Human Biological Resources in Developing Countries
by Roger Scarlin ChennellsThe main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries? The book situates the field of genomic and genetic research within global health and research frameworks, describing the concerns that have been raised about the potential unfairness in exchanges during recent decades. Access to and sharing in the benefits of human biological resources are aspects not regulated by any international legal framework such as the Convention on Biological Diversity, which applies only to the exchange of plants, animals and microorganisms, as well as to associated traditional knowledge. Examples of genetic research perceived as exploitative are provided in order to illustrate the legal vacuum concerning the global governance of human genetic resources. The main conclusions drawn from the legal and ethical analysis are: * Benefit sharing is crucial in order to avoid the exploitation of developing countries in human genetic research. * With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other areas of medical research (e. g. clinical trials). * Concerns remain over research involving indigenous populations; accordingly, recommendations are provided. In drawing these conclusions, the book addresses in detail a highly pressing topic in global bioethics and international law. In this regard, it combines bioethical arguments with jurisprudence, in particular with reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue inducement.
The Equitable Forest: Diversity, Community, and Resource Management
by Carol J. Pierce ColferWhile there continues to be refinement in defining and assessing sustainable management, there remains the urgent need for policies that create the conditions that support sustainability and can halt or slow destructive practices already underway. Carol Colfer and her contributors maintain that standardized solutions to forest problems from afar have failed to address both human and environmental needs. Such approaches, they argue, often neglect the knowledge that local stakeholders have accumulated over generations as forest managers and do not address issues involving the diversity and well-being of groups within communities. The contributors note that these problems persist despite clear evidence that equity and social relationships, including gender roles, are important factors in the ways that communities adapt to change and manage forest resources overall. The Equitable Forest offers an alternative to traditional, externally organized strategies for forest management. Termed adaptive collaborative management (ACM), the approach tries to better acknowledge the diversity, complexity, and unpredictability of human and natural systems. ACM works to strengthen local institutions and use the knowledge and capacity of groups in local communities to enhance the health and well-being of both forests and the people who live in and around them. The Equitable Forest provides a detailed explanation of the descriptive, analytical, and methodological tools of ACM, along with accounts of early stages of its implementation in tropical regions of Asia, Africa, and Latin America. Although the contributors make it clear that it is too soon to evaluate the efficacy of ACM, their work is supported by evidence that rural communities do make important contributions when involved in formal forest management; that management strategies are most effective when flexible and tailored to local contexts; and that efforts by outside governmental and nongovernmental organizations to support local management are feasible from the policymaking perspective, and desirable for their impact on human, economic, and environmental well-being.
Equitable Principles of Maritime Boundary Delimitation
by Thomas CottierEquity emerged as a powerful symbol of aspired redistribution in international relations. Operationally, it has had limited impact in the Westphalian system of nation states - except for maritime boundary delimitations. This book deals with the role of equity in international law, and offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea. It assesses treaty law and the impact of the United Nations Convention on the Law of the Sea. It depicts the process of trial and error in the extensive case law of the International Court of Justice and arbitral tribunals and expounds the underlying principles and factors informing the methodology both in adjudication and negotiations. Unlike other books, the main focus is on equity and its implications for legal methodology, in particular offering further guidance in the field of international economic law.
Equitable Research Partnerships: A Global Code of Conduct to Counter Ethics Dumping (SpringerBriefs in Research and Innovation Governance)
by Doris Schroeder Kate Chatfield Michelle Singh Roger Chennells Peter Herissone-KellyThis open access book offers insights into the development of the ground-breaking Global Code of Conduct for Research in Resource-Poor Settings (GCC) and the San Code of Research Ethics. Using a new, intuitive moral framework predicated on fairness, respect, care and honesty, both codes target ethics dumping – the export of unethical research practices from a high-income setting to a lower- or middle-income setting. The book is a rich resource of information and argument for any research stakeholder who opposes double standards in research. It will be indispensable for applicants to European Union framework programmes, as the GCC is now a mandatory reference document for EU funding.
Equity and Administration
by P. G. TurnerEach generation of lawyers in common law systems faces an important question: what is the nature of equity as developed in English law and inherited by other common law jurisdictions? While some traditional explanations of equity remain useful - including the understanding of equity as a system that qualifies the legal rights people ordinarily have under judge-made law and under legislation - other common explanations are unhelpful or misleading. This volume considers a distinct and little noticed view of equity. By examining the ways in which courts of equity have addressed a range of practical problems regarding the administration of deliberately created schemes for the management of others' affairs, modern equity can be seen to have a strongly facilitative character. The extent and limits on this characterisation of equity are explored in chapters covering equity's attitude to administration in various public and private settings in common law systems.
Equity and Equitable Principles in the World Trade Organization: Addressing Conflicts and Overlaps between the WTO and Other Regimes (Routledge Research in International Economic Law)
by Anastasios GourgourinisThis book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.
Equity and Law: Fusion and Fission
by Goldberg John C. P. Henry E. Smith P. G. TurnerThe fusion of law and equity in common law systems was a crucial moment in the development of the modern law. Common law and equity were historically the two principal sources of rules and remedies in the judge-made law of England, and this bifurcated system travelled to other countries whose legal systems were derived from the English legal system. The division of law and equity - their fission - was a pivotal legal development and is a feature of most common law systems. The fusion of the common law and equity has brought about major structural, institutional and juridical changes within the common law tradition. In this volume, leading scholars undertake historical, comparative, doctrinal and theoretical analysis that aims to shed light on the ways in which law and equity have fused, and the ways in which they have remained distinct even in a 'post-fusion' world.