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Vol 25 No 2 Feb/March 2020

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The Logic of Equality

Eric HeinzeSenior Lecturer in Law, University of London, Queen Mary

ISBN13: 9780754623199
ISBN: 075462319X
Published: March 2005
Publisher: Routledge
Format: Hardback
Price: Out of print

This work proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court.;The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.

Treatment: Preliminary concepts; The basic treatment symbols; Derivation of arguments; Normative positions; Theorems; General schema of assertions; Compound positions. Objective Status: Revised factual positions; Revised normative positions; Revised compound positions. Subjective Merit: Final normative positions; Final factual positions; Final compound positions. General Forms of Argument: The traditional model; The impact model; The accommodation model; The non-recognition model. Appendices: symbols and formulas; Works cited; Index of cases, names and topics.