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For Equals Only - Race, Equality, and the Equal Protection Clause (Paperback) Loot Price: R1,026
Discovery Miles 10 260
For Equals Only - Race, Equality, and the Equal Protection Clause (Paperback): Tina Fernandes Botts

For Equals Only - Race, Equality, and the Equal Protection Clause (Paperback)

Tina Fernandes Botts

Series: Philosophy of Race

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Loot Price R1,026 Discovery Miles 10 260 | Repayment Terms: R96 pm x 12*

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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.

General

Imprint: Lexington Books
Country of origin: United States
Series: Philosophy of Race
Release date: June 2020
Authors: Tina Fernandes Botts
Dimensions: 222 x 153 x 11mm (L x W x T)
Format: Paperback
Pages: 142
ISBN-13: 978-1-4985-0125-5
Categories: Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy
Books > Social sciences > Sociology, social studies > Ethnic studies > General
Books > Social sciences > Sociology, social studies > Social groups & communities > General
Books > Social sciences > Sociology, social studies > Social issues > Equal opportunities
Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law
Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > General
Books > Philosophy > Topics in philosophy > Social & political philosophy
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LSN: 1-4985-0125-7
Barcode: 9781498501255

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