On Being Overly Discrete and Insular: Involuntary Groups and the Anglo-American Judicial Tradition
38 Pages Posted: 22 Jan 2010
Date Written: March 1, 1991
Tragic history cannot be trump in every legal contest. But the quest for a single level on which everyone is similarly situated sacrifices the diverse history of groups for abstractions about deracinated individuals who float equally above reality. Yet we have not reached once upon a time. Even when judges declare it, they cannot so easily purge the past.
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