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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.
Philosophy and the Mixed Race Experience is a collection of essays
by philosophers about the mixed race experience. Each essay is
meant to represent one of three possible things: (1) what the
philosopher sees as the philosopher's best work, (2) evidence of
the possible impact of the philosopher's mixed race experience on
the philosopher's work, or (3) the philosopher's philosophical take
on the mixed race experience. The book has two primary goals: (1)
to collect together for the first time the work of professional,
academic philosophers who have had the mixed race experience, and
(2) to bring these essays together for the purpose of adding to the
conversation on the question of the degree to which factical
identity and philosophical work may be related. The book also
examines the possible relationship between the mixed race
experience and certain philosophical positions.
Philosophy and the Mixed Race Experience is a collection of essays
by philosophers about the mixed race experience. Each essay is
meant to represent one of three possible things: (1) what the
philosopher sees as the philosopher's best work, (2) evidence of
the possible impact of the philosopher's mixed race experience on
the philosopher's work, or (3) the philosopher's philosophical take
on the mixed race experience. The book has two primary goals: (1)
to collect together for the first time the work of professional,
academic philosophers who have had the mixed race experience, and
(2) to bring these essays together for the purpose of adding to the
conversation on the question of the degree to which factical
identity and philosophical work may be related. The book also
examines the possible relationship between the mixed race
experience and certain philosophical positions.
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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