In Prejudicial Appearances noted legal scholar Robert C. Post argues modern American antidiscrimination law should not be conceived as protecting the transcendental dignity of individual persons but instead as transforming social practices that define and sustain potentially oppressive categories like race or gender. Arguing that the prevailing logic of American antidiscrimination law is misleading, Post lobbies for deploying sociological understandings to reevaluate the antidiscrimination project in ways that would render the law more effective and just.Four distinguished commentators respond to Post’s provocative essay. Each adopts a distinctive perspective. K. Anthony Appiah investigates the philosophical logic of stereotyping and of equality. Questioning whether the law ought to endorse any social practices that define persons, Judith Butler explores the tension between sociological and postmodern approaches to antidiscrimination law. Thomas C. Grey examines whether Post’s proposal can be reconciled with the values of the rule of law. And Reva B. Siegel applies critical race theory to query whether antidiscrimination law’s reshaping of race and gender should best be understood in terms of practices of subordination and stratification.By illuminating the consequential rhetorical maneuvers at the heart of contemporary U.S. antidiscrimination law, Prejudical Appearances forces readers to reappraise the relationship between courts of law and social behavior. As such, it will enrich scholars interested in the relationships between law, rhetoric, postmodernism, race, and gender.
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A dialogue among five eminent scholars - in law and philosophy - about laws based on appearance.
Prejudicial Appearances: The Logic of American Antidiscrimination Law/ Robert C. Post 1
Stereotypes and the Shaping of Identity/ K. Anthony Appiah 55
"Appearances Aside" / Judith Butler 73
Cover Blindness / Thomas C. Grey 85
Discrimination in the Eyes of the Law: How "Color Blindness" Discourse Disrupts and Rationalizes Social Stratification / Reva B. Siegel 99
Response to Commentators / Robert C. Post 153
Contributors 165
Index 167
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“Post is one of the most sophisticated members of the legal academy, and, not surprisingly, he offers here an illuminating contrast between certain conventional, ‘formal’ approaches to analyzing ‘discrimination’ and a far more contextual, sociologically nuanced understanding of social practices.”—Sanford Levinson, author of Processes of Constitutional Decisionmaking: Cases and Materials
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Produktdetaljer
ISBN
9780822327028
Publisert
2001-10-19
Utgiver
Vendor
Duke University Press
Vekt
590 gr
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Om bidragsyterne
Robert C. Post is Alexander F. and May T. Morrison Professor of Law at the University of California, Berkeley.
K. Anthony Appiah is Professor of Afro-American Studies and Philosophy at Harvard University.
Judith Butler is Professor of Rhetoric at the University of California, Berkeley.
Thomas C. Grey is Professor of Law at Stanford University.
Reva B. Siegel is Professor of Law at Yale University.