Product Description

In Prejudicial Appearances noted legal scholar Robert C. Post argues modern American antidiscrimination law should not be conceived as protecting the transcendental dignity of individual persons but instead as transforming social practices that define and sustain potentially oppressive categories like race or gender. Arguing that the prevailing logic of American antidiscrimination law is misleading, Post lobbies for deploying sociological understandings to reevaluate the antidiscrimination project in ways that would render the law more effective and just.

Four distinguished commentators respond to Post’s provocative essay. Each adopts a distinctive perspective. K. Anthony Appiah investigates the philosophical logic of stereotyping and of equality. Questioning whether the law ought to endorse any social practices that define persons, Judith Butler explores the tension between sociological and postmodern approaches to antidiscrimination law. Thomas C. Grey examines whether Post’s proposal can be reconciled with the values of the rule of law. And Reva B. Siegel applies critical race theory to query whether antidiscrimination law’s reshaping of race and gender should best be understood in terms of practices of subordination and stratification.

By illuminating the consequential rhetorical maneuvers at the heart of contemporary U.S. antidiscrimination law, Prejudical Appearances forces readers to reappraise the relationship between courts of law and social behavior. As such, it will enrich scholars interested in the relationships between law, rhetoric, postmodernism, race, and gender.

Product Details

• Amazon Sales Rank: #508419 in Books
• Published on: 2002-01
• Original language: English
• Number of items: 1
• Binding: Paperback
• 184 pages

Review
"Post is one of the most sophisticated members of the legal academy, and, not surprisingly, he offers here an illuminating contrast between certain conventional, 'formal' approaches to analysing 'discrimination' and a far more contextual, sociologically nuanced understanding of social practices."- Sanford Levinson, author of Processes of Constitutional Decisionmaking: Cases and Materials "Post's argument is rigorous, inventive, and indeed groundbreaking. The commentators respond elegantly, maximising the potential of their disciplinary backgrounds to produce interesting differences in their approach to the issue. This is an excellent introduction to the real contours of anti-discrimination case law and to the best thinking about what equal protection can and should be."- Janey E. Halley, author of Don't: A Reader's Guide to the Military's Anti-Gay Policy

From the Publisher
“Robert Post has established himself as among the most original thinkers in American constitutional law. Restoring social context to legal formalism, he makes an astute, humane, and compelling case for the central role of the law in shaping the meanings of race and gender.”—Henry Louis Gates, Jr.

“Post is one of the most sophisticated members of the legal academy, and, not surprisingly, he offers here an illuminating contrast between certain conventional, ‘formal’ approaches to analyzing ‘discrimination’ and a far more contextual, sociologically nuanced understanding of social practices.”—Sanford Levinson, author of Processes of Constitutional Decisionmaking: Cases and Materials

From the Back Cover
“Robert Post has established himself as among the most original thinkers in American constitutional law. Restoring social context to legal formalism, he makes an astute, humane, and compelling case for the central role of the law in shaping the meanings of race and gender.”—Henry Louis Gates, Jr.