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For Equals Only - Race, Equality, and the Equal Protection Clause (Hardcover)
Loot Price: R2,271
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For Equals Only - Race, Equality, and the Equal Protection Clause (Hardcover)
Series: Philosophy of Race
Expected to ship within 12 - 17 working days
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This book philosophically explores how changing conceptions of race
and equality have affected Supreme Court interpretations of the
Equal Protection Clause of the 14th Amendment to the U.S.
Constitution over the years. In the years since the 14th Amendment
was ratified in 1868, in its decisions interpreting the Equal
Protection Clause, the Supreme Court has switched from using a
sociocultural concept of race to using a biological concept of
race, and during the same time period has switched from using a
social to a legal concept of equality. One result of these trends
is the recent emergence of something called 'reverse
discrimination.' Another result is that the Equal Protection Clause
no longer specially protects racialized persons from racial
discrimination, as it was originally intended to do. Using the
tools of legal hermeneutics, critical philosophy of race, and
critical race theory, key cases of racial discrimination in equal
protection law are examined through a historical lens. The Supreme
Court's switch, over the years, from interpreting the Equal
Protection Clause as specially protecting racialized persons from
continued racial discrimination after the end of the institution of
chattel slavery, to interpreting the Clause as protecting everyone
from racial discrimination, is tracked alongside changing
conceptions of race and equality. As the concept of race became
biological, the concept of equality became legal, and the result
was the elimination of remedying the negative effects of chattel
slavery on the equality status of racialized persons from the
Supreme Court's list of priorities.
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