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Re-cognizing inequality: rebellion, redemption and the struggle for transcendence in the equal protection of the law

Article Abstract:

The debate over racial equality is a contest between epistemologies of rebellion and redemption. Those who believe in rebellion, following Camus, insist that human experience and possibility, not ideology, are primary. Their guiding principle is human love. Those who believe in redemption are committed to formal order and the ideology of the free market. They combine faith in a benevolent cosmos with indifference to suffering. The rebel's vision of transcendent equality is based on rejection of hierarchy, universal empathy, liberation of compassion and perpetual removal of constraints on happiness.

Author: Hayman, Robert L., Jr.
Publisher: Harvard Law School
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1992
Social aspects, Equality before the law, Equal protection, Beliefs, opinions and attitudes, Camus, Albert

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Rodrigo's fourteenth chronicle: American apocalypse

Article Abstract:

Regressive immigration, affirmative action, welfare reform and criminal justice legislation could be seen as an attempt to make conditions so bad for poor people and people of color that race conflicts will develop. The pro-life, militia and religious conservative movements have agendas that are consistent with promoting white supremacy and oppressing minorities that are projected to be the majority in the next century. It remains to be seen what role African-Americans and Latinos will play in US politics when such a conservative backlash is in full swing.

Author: Delgado, Richard
Publisher: Harvard Law School
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1997
Political aspects, Welfare reform, Conservatism

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The color of tradition: Critical Race Theory and postmodern constitutional traditionalism

Article Abstract:

The postmodern approach of Critical Race Theory provides scholars with the opportunity to reformulate traditionalism in law to promote both pluralism and difference without resulting divisions and exclusion. Constitutional law is based on applying and reapplying traditional views. The deconstruction of postmodern jurisprudence is operating to attack traditions that fail to reflect the experiences and lives of real people. Critical Race Theory is positioned to create new ideals more supportive of a multi-cultural society.

Author: Hayman, Robert L., Jr.
Publisher: Harvard Law School
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1995
Interpretation and construction, Constitutional law, Constitutional interpretation

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Subjects list: Race relations, United States, Analysis, Critical race theory (Law)
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