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Racism and the Law - The Legacy and Lessons of Plessy (Hardcover, 1997 ed.)
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Racism and the Law - The Legacy and Lessons of Plessy (Hardcover, 1997 ed.)
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Plessy v Ferguson (1897) established racial segregation in American
constitutional law for over fifty years and its moral and political
legacy lives on, despite attempts in the United States to counter
its devastating effects during the last half century. Ironically,
in the current debate over affirmative action, Justice Harlan's
eloquent dissent has been used to justify attacks on government
affirmative action programs. In this book, five distinguished
philosophers and constitutional theorists, working from very
different theoretical positions, take a fresh critical look at the
moral and political principles underlying this historic decision
and Harlan's dissent. They also explore the nature and extent of
law's complicity in perpetuating Plessy's racialist aims. Emerging
from their varied but complementary analyses is a deeper and more
nuanced understanding of the social injustice of racial segregation
in its historic and contemporary forms and of resources of the law
to reverse it.
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