LS300 Lecture Notes - Lecture 3: Legal Realism, Intersectionality
18 Oct 2017
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Equal rights for all individuals in all aspects. Formal equality takes law/policy/procedure as its own grounds as neutral (substantive. Substantive deals with accommodating wronged individuals (sameness approach/proactive approach) Intersectionality: substantive equality and a tool on how to pursue it. Law looks at inequality as an axis, it conceives it as a flat plane. The issue is when you have a colored woman, it completely misses you. Legal positivism tends to reflect formal equality whereas legal realism tends to reflect substantive equality. No b/c it fenced out a whole part of hawaii. Part 1: court rules native people as a separate category other than race. How to recognize certain type of people and why they should get a hiring difference. 72- extended preferential: hiring and promotion of native americans. Civil rights- aboriginals pursued their own case by helping on this one. Attempt using law to fix what was perceived as a bad society. Law was unjust and wanted to change that.
