Thesis (MA)--University of Stellenbosch, 2000. / ENGLISH ABSTRACT: This thesis examines the relationship between law and justice. Firstly, it is argued that the concept of justice tends to be defined too narrowly as distributive justice or as a mechanism to maintain social order. It is argued that Jacques Derrida's understanding of justice not only gives a richer and broader understanding of the concept, but also on its complex relationship with the law. Lastly, some of the possible implications for jurisprudence (with specific reference to Critical Legal Studies, Critical Race Theory and Drucilla Cornell) are examined. / AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek die verhouding tussen geregtigheid en die reg. Daar word eerstens geargumenteer dat geregtigheid te maklik gedefinieer word as distributiewe geregtigheid of as In meganisme om sosiale orde te bewerkstellig. Daar word geargumenteer dat Jacques Derrida se verstaan van die konsep nie aileen 'n breer en ryker verstaan moontlik maak nie, maar dat dit ook fokus op die komplekse verhouding met die reg. Laastens word sommige van die moontlike implikasies vir regsfilosofie (met spesifieke verwysing na Critical Legal Studies, Critical Race Theory en Drucilla Cornell) ondesoek,

There have been a number of studies that examine how public relations practitioners respond during a crisis. Many researchers have examined the various response strategies and the success or failure of theses methods. Because a crisis can have legal ramifications, it is important that a good working relationship between the legal staff and public relations staff exists. To better understand the relationship between the two groups and the response strategies generated during a crisis, more research in this issue is needed. This study focused on response strategies used during a racial discrimination lawsuit. The objectives of the study were to determine which strategies were used most often, and how the influence of legal staff and public relations staff determined the responses.A content analysis of newspapers found in a NexisLexis search, during the crisis period, was used to gather responses made by spokespersons. The search yielded twenty-seven usable newspaper articles and sixty-two responses from company spokespersons.Coders were trained to identify the response strategies that were defined as traditional public relations strategy, traditional legal strategy, mixed strategy and diversionary strategy. A chi-square test was used to test the hypothesis. The findings supported a balance between the use of traditional public relations strategy and traditional legal strategy.Further analysis identified a significant increase in the use of traditional public relations strategy when a public relations firm was retained to remedy the crisis situation. The study also supported a collaborative working relationship between public relations and legal counsel. / Department of Journalism

Disability Discrimination as a Specific Field of Anti-Discrimination Law? The aim of this thesis is to put together a complex material discussing disability discrimination from the perspective of anti-discrimination law. Firstly, however, it acquaints the reader with a broader theoretical context and therefore it briefly explains the concept of discrimination and its relationship to the constitutional value of equality. The question, which like a red thread meanders through the following chapters of the thesis, asks whether this type of discrimination is really so much different to deserve such a degree of special approach, which it receives from both the legislators and the judiciary. This thesis gradually collects findings and information so it could in the end at least indicate the answer to this umbrella question. For this purpose, it presents various models of thinking about disability, namely a medical model and a social model, which in many cases contradict each other. The thesis nevertheless tries to find an ideal combination of them. Furthermore it provides a detailed analysis of relevant legal and judicial definitions of disability as a concept of law, both at the level of international law as well as European and Czech law. Subsequently, it identifies specific characteristics of the...

The purposes of this study were: (1) to present data resulting from an analysis of the ninety-seven published grievance-arbitration awards involving issues of racial discrimination occurring between April 1, 1974, and December 31, 1980? and (2) to determine from the data how labor arbitrators have reacted to Alexander v. Gardner-Denver Co., 415 U.S. 36 (1974) . The Supreme Court held that labor arbitration was a "comparatively inappropriate" forum for the resolution of employment discrimination disputes. However, the Court said that an arbitral award could be "accorded great weight" by a lower court when certain relevant factors are present in an award. The cases were analyzed to determine the extent to which arbitrators responded to the factors set forth in the Gardner-Denver decision.

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Abstrakt Studien ifrågasätter huruvida diskrimineringslagens är tillräcklig eller inte. Internationella granskningsrapporter om diskrimineringssituationen i Sverige har undersökts så väl som rättsfall och forskning i Sverige. I analysen lyfts de argument fram som de internationella granskningsorganen belyst i sina rapporter. Dessa argument behandlas tillsammans med den socialkonstruktivistiska och den intersektionella teorin. Undersökningen har visat att de internationella granskningskommittéerna ser viss betydande diskriminering i samhället. Det är bland annat genom medias rapportering, genom stereotypifiering av grupper så som etniska eller religiösa minoriteter, funktionsnedsattaeller som på annat sätt utmanar den heterosexuella normen i samhället. Granskningsorganen har samstämmigt lyft upp kritik mot den hatpropaganda som finns i samhället och som Sverige uppmanas reglera i lag. Andra problem som påtalas gäller segregationen och den sociala exkluderingen. Undersökningen fokuserar på att lyfta upp det intersektionella perspektivet och framhäver anläggandet av detta helhetsperspektiv. Mer uppmärksamhet borde ges den utsattes situation som problematiseras kopplat till bevisbördan. Lagen försvårar möjligheten att hävda multipel diskriminering vilket ofta förekommer då grunder samverkar till diskriminering. Slutsatsen dras om behovet av utredning för att införa utökande av grunder eller en öppen lista samt ett generellt diskrimineringsförbud. Detta framförallt för att Sveriges lagstiftning ska vara överensstämmande med de internationella konventioner som Sverige förbundit sig till. Det visas också på behov av vidare forskning gällande domstolarnas hantering av diskrimineringsfall kopplat till deras kompetens samt möjligheten till ett mer intersektionellt perspektiv på rätten. / Abstract The study question aim at investigate whether the Swedish discrimination law is sufficient or not. International monitoring reports on Sweden was examined, as well as Swedish legal cases and academic literature. The analysis focused the attention to the arguments that was highlighted in the monitoring reports. These arguments were analyzed together with the Social Constructivist Theory and the Intersectional Theory and compared with the results from the study of the legal cases of discrimination. This was done to bring on a broader perspective on the issue. The study has shown some significant discrimination in the society for example in the way that media reports and perform stereotypes of some groups. The monitoring reports of the UN, the Council of Europe and the EU has brought critic on the matter of hate speech and recommend Sweden to forbid this. Other problems being highlighted is segregation and social exclusion. The study aims at focus on the Intersectional Theory and the study concludes that more attention should be raised towards the person in an exposed situation and this also in relation to the burden of proof. The laws obstruct the ability to argue multiple discrimination which is commonly interacting in the creation of discrimination. There is a need for investigation of the establishment on further grounds of discrimination to be able to conform to international conventions and articulate rules to support people that are discriminated in the society today. The study also call for some further research on how the court manage the discrimination cases applying the burden of proof, the sufficiency of competence on discrimination and the ability to measure multiple discrimination.

Against the background of the global demographic shift towards an aging workforce and its impacts on the labour market and the economy in industrialized societies, this dissertation pinpoints six salient challenges for future litigation and policy-making in the area of labour and employment discrimination law. These include the global tendency towards abolishing mandatory retirement and increasing the eligibility age for pension benefits; legislative age-based distinctions; cost as a justification for age discrimination; performance appraisals of senior workers; and the duty to accommodate senior workers. At the core of each challenge lies a normative question regarding our conception of senior workers’ right to age equality, its importance and relative weight compared with other rights and interests. The aim of this dissertation is therefore to critically review the current understanding of this right and its moral and economic underpinning. Most notably, the dissertation contends that the prevailing conception of equality assessment (the Complete Lives Approach to equality), according to which equality should be assessed based on a comparison of the total share of resources obtained by individuals over a lifetime, has substantial implications for age discrimination discourse. As it uncovers the numerous difficulties with the complete lives approach, the dissertation develops an alternative: the Dignified Lives Approach to equality, according to which an individual should be treated with equal concern and respect, at any particular time and regardless of any comparison. The dissertation then articulates five essential principles founded in Dworkin’s notion of equal concern and respect: the principle of individual assessment, the principle of equal influence, the principle of sufficiency, the principle of social inclusion, and the principle of autonomy. When one of these principles is not respected at any particular time, a wrong is done, and the right to equality is violated. Next, the dissertation elucidates when and why unequal treatment of senior workers based on age does not respect each of these five principles and therefore constitutes unjust age discrimination. It demonstrates that senior workers’ right to age equality is a fundamental human right. Finally, it examines the above-mentioned challenges through the lens of the new Dignified Lives approach.

Against the background of the global demographic shift towards an aging workforce and its impacts on the labour market and the economy in industrialized societies, this dissertation pinpoints six salient challenges for future litigation and policy-making in the area of labour and employment discrimination law. These include the global tendency towards abolishing mandatory retirement and increasing the eligibility age for pension benefits; legislative age-based distinctions; cost as a justification for age discrimination; performance appraisals of senior workers; and the duty to accommodate senior workers. At the core of each challenge lies a normative question regarding our conception of senior workers’ right to age equality, its importance and relative weight compared with other rights and interests. The aim of this dissertation is therefore to critically review the current understanding of this right and its moral and economic underpinning. Most notably, the dissertation contends that the prevailing conception of equality assessment (the Complete Lives Approach to equality), according to which equality should be assessed based on a comparison of the total share of resources obtained by individuals over a lifetime, has substantial implications for age discrimination discourse. As it uncovers the numerous difficulties with the complete lives approach, the dissertation develops an alternative: the Dignified Lives Approach to equality, according to which an individual should be treated with equal concern and respect, at any particular time and regardless of any comparison. The dissertation then articulates five essential principles founded in Dworkin’s notion of equal concern and respect: the principle of individual assessment, the principle of equal influence, the principle of sufficiency, the principle of social inclusion, and the principle of autonomy. When one of these principles is not respected at any particular time, a wrong is done, and the right to equality is violated. Next, the dissertation elucidates when and why unequal treatment of senior workers based on age does not respect each of these five principles and therefore constitutes unjust age discrimination. It demonstrates that senior workers’ right to age equality is a fundamental human right. Finally, it examines the above-mentioned challenges through the lens of the new Dignified Lives approach.

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