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Book
Beyond race, sex, and sexual orientation
Author:
ISBN: 9781107018358 9781139087643 9781107515406 9781461950424 1461950422 1139087649 1107018358 1107515408 1139890794 1107241324 1107250919 1107247594 1107250080 1107240190 1107248426 9781139890793 9781107241329 9781107250918 9781107247598 9781107250086 9781107240193 9781107248427 Year: 2013 Publisher: Cambridge Cambridge University Press

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Abstract

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.


Book
Rejecting rights
Author:
ISBN: 9780511576263 9780521518284 9780521732154 0521732158 0511504934 9780511504938 0521518288 9780511508523 0511508522 0511576269 1107191599 9781107191594 0511507860 9780511507861 1282058649 9781282058644 9786612058646 6612058641 0511509189 9780511509186 0511507070 9780511507076 Year: 2009 Publisher: Cambridge New York Cambridge University Press

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Abstract

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.


Book
Private racism
Author:
ISBN: 1108233503 1108246397 1108415385 9781108415385 1108401341 9781108401340 9781108233507 Year: 2020 Publisher: Cambridge Cambridge University Press

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Abstract

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.

Political Contingency
Authors: ---
ISBN: 081470882X 0814740723 9780814740729 9780814708828 9780814740446 0814740448 9780814740965 0814740960 Year: 2007 Publisher: New York, NY

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Abstract

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

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