Overview

This title was first published in 2003. The Logic of Equality 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.

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9781138715554

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Reviews

'...clearly written and thought-provoking...Readers are assured to come away with heightened awareness of logical structure, and to acquire skills readily applicable both to the crafting and deconstruction of equal protection arguments.' Law and Politics Journal

Author Information

Eric Heinze, Dr, is Senior Lecturer in Law at the Queen Mary and Westfield College, University of London, UK

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