Anti-Discrimination Law in Civil Law Jurisdictions
Barbara Havelková and Mathias Möschel
Abstract
This edited volume explores the question of how anti-discrimination law fits into civil law jurisdictions of Europe. Anti-discrimination law, as well as much of academic literature on this topic, has originated in common law countries. This book breaks new ground with offering, for the first time, a sustained, critical, legal, and socio-legal, comparative look at jurisdictions beyond the common law. It tests the thesis that anti-discrimination law has been perceived as an import for which continental European jurisdictions have found little use. Through a set of single chapters, each written b ... More
This edited volume explores the question of how anti-discrimination law fits into civil law jurisdictions of Europe. Anti-discrimination law, as well as much of academic literature on this topic, has originated in common law countries. This book breaks new ground with offering, for the first time, a sustained, critical, legal, and socio-legal, comparative look at jurisdictions beyond the common law. It tests the thesis that anti-discrimination law has been perceived as an import for which continental European jurisdictions have found little use. Through a set of single chapters, each written by a continental civil law legal scholar, this book demonstrates that, while to some extent the claim that anti-discrimination constituted a legal irritant remains true, today nevertheless a much more nuanced picture emerges. The situation depends on the country and varies also by specific area of law, the actors involved, as well as the ground or concept of anti-discrimination law one focuses on.
Keywords:
anti-discrimination law,
civil law jurisdictions,
Europe,
EU-comparative analysis,
socio-legal analysis,
grounds of discrimination,
enforcement of anti-discrimination law
Bibliographic Information
| Print publication date: 2019 |
Print ISBN-13: 9780198853138 |
| Published to Oxford Scholarship Online: February 2020 |
DOI:10.1093/oso/9780198853138.001.0001 |
Authors
Affiliations are at time of print publication.
Barbara Havelková, editor
Associate Professor, University of Oxford
Mathias Möschel, editor
Associate Professor, Central European University
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