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The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against.
Equality before the law --- United States --- Discrimination --- Law and legislation --- Equal protection of the law --- Law --- General and Others
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The language of rights is ubiquitous. It shapes the way we construct our debates over issues such as abortion, affirmative action and sexual freedom. This provocative new study challenges the very concept of rights, arguing that they jeopardize our liberty and undermine democratic debate. By re-conceptualizing our ideas about limited government, it suggests that we can limit the reasons or rationales on which the polity may act. Whereas we once used the language of rights to thwart democratic majorities, Bedi argues that we should now turn our attention to the democratic state's reason for acting. This will permit greater democratic flexibility and discretion while ensuring genuine liberty. Deftly employing political theory and constitutional law to state its case, the study radically rethinks the relationship between liberty and democracy, and will be essential reading for scholars and students of political and legal philosophy.
Democracy. --- Human rights --- Law --- Jurisprudence --- Self-government --- Political science --- Equality --- Representative government and representation --- Republics --- Philosophy. --- Social Sciences --- Political Science
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Usually, when we discuss racial injustice, we discuss racism in our public or political life. This means that we often focus on how the state discriminates on the basis of race in its application and enforcement of laws and policies. This book draws on the synergy of political theory and civil rights law to expand the boundary of racial justice and consider the way in which racial discrimination happens outside the governmental or public sphere. 'Private racism' is about recognizing that racial injustice also occurs in our private lives, including the television and movie industry, cyberspace, our intimate and sexual lives, and the reproductive market. Professor Sonu Bedi argues that private racism is wrong, enlarging the boundary of justice in a way that is also consistent with our Constitution. A more just society is one that seeks to address rather than ignore this less visible form of racism.
Racism. --- Discrimination. --- Equality. --- Egalitarianism --- Inequality --- Social equality --- Social inequality --- Political science --- Sociology --- Democracy --- Liberty --- Bias --- Interpersonal relations --- Minorities --- Toleration --- Bias, Racial --- Race bias --- Race prejudice --- Racial bias --- Prejudices --- Anti-racism --- Critical race theory --- Race relations --- Racism --- Discrimination --- Equality --- Cyberspace - Social aspects --- Social justice --- Sex - Social aspects --- Cyberspace --- Sex
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History is replete with instances of what might, or might not, have been. By calling something contingent, at a minimum we are saying that it did not have to be as it is. Things could have been otherwise, and they would have been otherwise if something had happened differently. This collection of original essays examines the significance of contingency in the study of politics. That is, how to study unexpected, accidental, or unknowable political phenomena in a systematic fashion. Yitzhak Rabin is assassinated. Saddam Hussein invades Kuwait. Hurricane Katrina hits New Orleans. How might history be different had these events not happened? How should social scientists interpret the significance of these events and can such unexpected outcomes be accounted for in a systematic way or by theoretical models? Can these unpredictable events be predicted for? Political Contingency addresses these and other related questions, providing theoretical and historical perspectives on the topic, empirical case studies, and the methodological challenges that the fact of contingency poses for the study of politics.Contributors: Sonu Bedi, Traci Burch, Jennifer L. Hochschild, Gregory A. Huber, Courtney Jung, David R. Mayhew, Philip Pettit, Andreas Schedler, Mark R. Shulman, Robert G. Shulman, Ian Shapiro, Susan Stokes, Elisabeth Jean Wood, and David Wootton
Imaginary histories. --- World politics --- Causation --- Political science --- Alternate histories (History) --- Alternative histories (History) --- History --- Causality --- Cause and effect --- Effect and cause --- Final cause --- Beginning --- God --- Metaphysics --- Philosophy --- Necessity (Philosophy) --- Teleology --- Political aspects. --- Methodology. --- Errors, inventions, etc. --- That. --- This. --- accidental. --- collection. --- contingency. --- essays. --- examines. --- fashion. --- original. --- phenomena. --- political. --- politics. --- significance. --- study. --- systematic. --- unexpected. --- unknowable.
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