ARTICLE: CLASS AND CULTURE: THE INDETERMINACY OF NONDISCRIMINATION Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2009 Board of Trustees of the Leland Stanford Junior University
Stanford Journal of Civil Rights & Civil Liberties

ARTICLE: CLASS AND CULTURE: THE INDETERMINACY OF NONDISCRIMINATION

April, 2009

Stanford Journal of Civil Rights and Civil Liberties

5 Stan. J.C.R. & C.L. 1

Author

R. Richard Banks*

Excerpt

INTRODUCTION

There is widespread disagreement about the extent of racial discrimination in American society and often about whether discrimination has occurred in a particular instance. This brief essay considers the reasons for such disagreement, and its implications.

Disputes about the existence of discrimination typically concern practices that do not formally treat people differently solely on the basis of their racial status. Rather, controversies often center on practices that implicate socioeconomic status and culture in addition to race. The intertwining of race on the one hand, and socioeconomic status and culture on the other, will often complicate the identification of "racial discrimination."

In such cases, divergent judgments about whether a practice is racially discriminatory may signify disagreement either about the facts or about the nature of racial discrimination. When on-lookers draw contrary inferences from ambiguous facts, the disagreement is empirical. 1 This sort of disagreement would presumably diminish if the parties had more and better information. Yet, given the practical limitations of fact-finding--the impossibility of knowing precisely why someone made a specific decision or instituted a particular policy--empirical disagreement will often be intractable.

But even if the parties reached consensus about what happened and why, they might nonetheless disagree about the existence of discrimination if they define racial discrimination differently. This sort of disagreement is conceptual, 2 and would be accentuated rather than diminished by stipulation as to the facts. Indeed, conceptual differences are often obscured by the belief that disagreements about the existence of discrimination invariably ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities