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

• Author: Lang, Richard
• TeilnehmendeR: Bell, Mark, 1974-
• Place / Publishing House: Boston : : Brill,, 2018.
• Year of Publication: 2018
• Language: English
• Series: Nijhoff Studies in European Union Law 14.
• Physical Description: 1 online resource (xiv, 376 pages).

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.

Table of Contents

Introduction / Richard Lang and Mark Bell -- Michael Walzer and Complex Equality / Richard Lang and Mark Bell -- The Principle of Equal Treatment of Persons Irrespective of Gender / Richard Lang and Mark Bell -- The ‘Article 19’ grounds: Racial or ethnic origin, religion or belief, disability, age, and sexual orientation / Richard Lang and Mark Bell -- Nationality Discrimination / Richard Lang and Mark Bell -- Semi-Suspect and Non-Suspect Grounds / Richard Lang and Mark Bell -- Reflections / Richard Lang and Mark Bell -- Presenting a Theory of Mediated Complexity / Richard Lang and Mark Bell -- Evaluation / Richard Lang and Mark Bell -- Conclusion / Richard Lang and Mark Bell.