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Record W4396234845 · doi:10.1017/9781839704543.027

Sandra Fredman: Discrimination Law (Th ird Edition)

2023· other· en· W4396234845 on OpenAlexaboutno aff
Kirsten Reiterer

Bibliographic record

Venuenot available
Typeother
Languageen
FieldSocial Sciences
TopicDiscrimination and Equality Law
Canadian institutionsnot available
Fundersnot available
KeywordsLawPolitical science

Abstract

fetched live from OpenAlex

Despite the recognition of the right to non-discrimination as a fundamental principle in international law, true equality remains elusive. This encourages a closer look at existing protection systems and their strengths and weaknesses. In her recent book, Sandra Fredman offers a comprehensive introduction to contemporary anti-discrimination law and frames it in its historical and social context. By conducting a comparative analysis of equality laws in the United States, India, Canada and South Africa, as well as the United Kingdom, the European Union, and the European Convention on Human Rights, the author critically examines the strengths and weaknesses in the various legal frameworks, and explores the reasons for their limited successes in achieving substantive equality. The introductory chapter presents the complexity of ‘equality’ as a universal value, from a legal-philosophical perspective. It offers an examination of various theories on equality as the foundation of legislation, highlighting their inherent limitations and strengths. Moreover, the chapter focuses on the tension between the claim of non-discrimination and competing human rights, such as freedom of expression. Special attention is placed on the complex relationship between freedom, economic rights and the challenge of establishing a definitive hierarchy between the right to equality and other fundamental human rights. Recognising that contemporary anti-discrimination law is embedded in a historical, political and cultural context, Fredman dedicates two chapters to the evolution of discrimination protection. The author concentrates on gender, ethnicity, religion, disability and age, as well as LGBTQIA + rights. She highlights societal challenges and corresponding legal responses, thereby establishing a connection to the contemporary legal framework in the nations under comparison. In Chapters 4 and 5, the author undertakes a detailed analysis of the scope of discrimination law and how different legal systems address protected categories, delving into key concepts such as direct discrimination (unequal treatment) and indirect discrimination (unequal effects). Through this analysis, she highlights the central dilemma of equality law, which lies in differentiating between (unlawful) discriminatory acts against protected characteristics, and legitimate differentiation. Furthermore, Fredman assesses which characteristics should be protected at all costs, and identifies the common thread connecting all these protected characteristics. The chapter also explores the role of duty-bearers and the scope of anti-discrimination law, with a particular focus on the public and private spheres.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesInsufficient payload (model declined to judge)
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.496
Threshold uncertainty score0.997

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0270.004

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.054
GPT teacher head0.358
Teacher spread0.304 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; both teacher heads agree on what is shown here.

Study designNot applicable
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2023
Admission routes1
Has abstractyes

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