LEGAL 250 Lecture Notes - Lecture 17: Selective Prosecution, Legal Fiction
9 Nov 2017
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Document Summary
The legal fiction of colorblind constitution/law (recall justice harlan in plessy) Colorblindness as ideology in conflict with claims that race matters . The paradox (or self contradiction) of racial non-recognition. If you say you are not paying attention to race, you are paying attention to it; by noticing something, you are setting it aside and not paying attention to. Must be recognized as a meaningful part of social life. That characteristic then must not be considered when you make a decision. Colorblindness excludes the possibility of getting at aspects of decision making. Further locks in a particular status quo: the blindness suggests that it will be by legal actors harder to get at race playing a role in it. 3 guys fighting in dorm lobby after verbal altercation and sparring at 5:00am on a. Fight starts when one guy breaks another"s nose with a punch. The guy punched responds by stabbing the puncher and his companion with a knife.
