Law and Social Change 2

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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?


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