Why Eyes? Cautionary Tales from Law's Blindfolded Justice

Blinding As A Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law, eds. Christopher T. Robertson and Aaron S. Kesselheim, Elsevier Press, 2016

Posted: 30 Aug 2016

See all articles by Judith Resnik

Judith Resnik

Yale University - Law School

Dennis E. Curtis

Yale University - Law School

Date Written: May 26, 2016

Abstract

For thousands of years, in many parts of the world, sight was valorized, and obscured vision equated with disability, vice, and caprice. More recently, blindfolds have become emblematic of impartial judging, freed from bias. This chapter analyzes the political, technological, and social movements that have supported the shifting appraisals of the blindfold’s import and utilities. The lessons from law are that blindfolds provide no panacea for the challenges of rendering fair judgment.

Keywords: justice, bias, discrimination, judging, veil of ignorance, color-blind, blindfold, virtues, social movements, culture

Suggested Citation

Resnik, Judith and Curtis, Dennis E., Why Eyes? Cautionary Tales from Law's Blindfolded Justice (May 26, 2016). Blinding As A Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law, eds. Christopher T. Robertson and Aaron S. Kesselheim, Elsevier Press, 2016. Available at SSRN: https://ssrn.com/abstract=2784737

Judith Resnik (Contact Author)

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
203-432-1447 (Phone)
203-432-1719 (Fax)

Dennis E. Curtis

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
203-432-2427 (Phone)

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