Law and Social Change 2
- Created by: Alex.Byrne
- Created on: 26-05-18 10:54
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- Law and Social Change 2
- Direct Discrimination
- Less favourable treatment because of the victim's association with someone who has that characteristic is covered
- Indirect Discrimination
- First real harmonising provision
- Applies where employer applies a PCP which is discriminatory in relation to a relevant protected characteristic
- Reference to persons who share a protected characteristic is defined as a reference to persons with the same disability
- Might be difficult to show group disadvantage in respect of disability; probably easier to rely on discrimination arising from disability provisions
- Possible to objectively justify both indirect discrimination and discrimination arising from disability; this is because EA creates a single objective justification test to replace the use of different tests
- Law and Society: Relationship
- 2. The impact of law on the nature of society
- 1. The impact of society on the formation and content of law
- Key questions:
- Can the law change views and opinions?
- How can the law have an impact on society?
- What is the law?
- Are laws reflective of society?
- Do laws protect the will of the people?
- What is we change our mind?
- Changing Perceptions:
- ****
- Gay Marriage
- Prohibition of alcohol/ drugs
- Homosexuality
- Smoking
- Limitations
- Not all interests are safeguarded, even though it might be desired to do so
- Law relies on external agencies
- Law does not deal with externalities
- Caveats
- 3. Do they match what people are seeking?
- If the law can impact on behaviour, can it change the way people think?
- Is this the purpose of the law?
- What aspects of the law are we talking about?
- 2. Are there incentives in place?
- 1. How willing are people to have recourse to the law?
- Direct Discrimination
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