Equality Derby

Outsiders ◽  
2019 ◽  
pp. 135-158
Author(s):  
Zachary Kramer

In the world of civil rights, the new relies on the old. Emerging groups base their claims on those who came before them. Some resist this way of thinking. Justice for one may mean less attention for the other. As groups jockey for protection under the law—in a kind of Equality Derby—they battle over history. Whose history is worse, whose deserves the most attention? When new outsider groups take up the mantle of civil rights, what happens to the unfinished work of civil rights? How will we know when the law is stretched too thin? This is a recipe not so much for disaster, but for the slow growth of justice. This chapter is about history. It is about the path toward equality. It is about what, in the broadest sense, civil rights law is trying to accomplish. Ultimately, this is a debate about history, and civil rights law has a complicated relationship to history.

Resonance ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 182-191
Author(s):  
D. Michael Cheers

This essay is inspired by the words of Pulitzer Prize–winning Chicago Sun Times photographer John White, who once told me to “listen for the pictures.” His message rang clear but never more so than when in 1990 we were covering the release of Nelson Mandela in Cape Town, South Africa. The Cape Town scene was alive and filled with so much vibrance. I was keenly aware that I must not just look, but I must listen, and use all my God-given senses to take it in. I can only describe the moment I started listening to the layer of sound, which was my own clicking camera superimposed on the chorus of sounds that surrounded me as both meta and sonorific. There was a certain rhythm to the sensation I felt in being one with my camera. It transported me to a wonderful place in time where visuals and cadences danced together. I realized there was alchemy in this and in all the other moments and locations I had spent behind a camera developing and exercising that “inner ear” my ancestors, some gone, like Gordon Parks, but others here, like White, taught me to revere. This essay is a snapshot of some of those moments—a proof sheet, if you will—from a life that began, as did the civil rights era, with instances of terror and triumph. This essay chronicles my journey as a young photographer and the many influences that shaped my creative process and eventually my worldview. This essay is an invitation to travel with me through time and see life as my camera and I witnessed it, and to hear and sense the world as I do.


Outsiders ◽  
2019 ◽  
pp. 89-110
Author(s):  
Zachary Kramer

Equality is the touchstone of American civil rights. But what do we mean by equality? Discrimination law devotes a significant amount of time and attention to the question of whether sex—or another identity trait—is a necessary component of a given job. To answer that question, we have to decide where and when identity matters. We have to decide, in other words, what we want civil rights law to achieve. The conventional way of thinking about equality is in terms of sameness, of having—or giving people—the same rights and protections. Another way of thinking about equality, however, is based on difference. This is how the law deals with disability and religious discrimination, and it can do the same with all other forms of discrimination, too. This chapter distinguishes between two visions of equality—sameness and difference. Sameness is the more dominant of the two, undergirding much of civil rights law as we know it. Difference, by contrast, occupies a smaller share of the landscape. The goal of this chapter is to make the case for difference.


2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.


Author(s):  
I Ketut Sukewati Lanang Putra Perbawa

Revolution Industry 4.0 is one of the biggest era in this century, because in this era the big technological development happening around the world with some of the creation is Artificial Intelligence. Artificial Intelligence is one of the technology that exist in the world and can resembles like a human in the other hand Artificial Intelligence can do what actually human do for example Learning, Planning, Critical Thinking, Problem Solving, any many more. Therefore several countries using it in the court. Artificial Intelligence use it as evidence to prove some case and made prosecutor, judge and lawyer easier to work. However, in Indonesia there wasn’t the law about Artificial Intelligence therefore it would be difficult to use it in the court as evidence because according to several sources in procedural law there are some valid evidence that can only use in the court. However, the crime that happen in Indonesia usually related to technology made all the government have to forming the law about the Artificial Intelligence. 


Outsiders ◽  
2019 ◽  
pp. 37-62
Author(s):  
Zachary Kramer

Civil rights law is in the business of identity. Too often, however, the law is giving people their identity, prescribing who they are. But identity is too messy for that. Identities change. Identities blur into each other. Identities are contextual. This chapter argues that no area of law cares more about who a person is than civil rights law, which in fact rests on the idea that certain identities deserve special protection against discrimination. Because identity is a legal concept, it is something the law can determine. Civil rights law should let people define their identity for themselves. People have an incredible capacity to change, to become more accepting of difference, to reconsider the way they see the world. But change doesn’t happen on its own—one way to start is to encourage the conversations about identity that can provide the spark for change.


1964 ◽  
Vol 68 (637) ◽  
pp. 45-49 ◽  
Author(s):  
E. J. Richards

The world of hearing is made up of two types of sound— on the one hand, that which provides communication, be it in the form of speech, music or the noise of a car or dog; on the other hand, a noise which interferes with that message, or a sound consisting of an unwanted message, intruding upon a person's thought processes or sleep. It is always difficult to separate these two functions, since one man's noise is another man's message, and this is particularly so for quiet noises heard at night or occurring sharply to frighten and alarm. It is for this reason that the law regarding noise has been less specific than in other fields and it is for this reason that seldom have any clearly defined limits been specified.


2020 ◽  
Vol 42 (2) ◽  
pp. 443-448
Author(s):  
Allen Buchanan

Abstract The book uses evolutionary principles to explain tribalism, a way of thinking and acting that divides the world into Us versus Them and achieves cooperation within a group at the expense of erecting insuperable obstacles to cooperation among groups. Tribalism represents political controversies as supreme emergencies in which ordinary moral constraints do not apply and as zero-sum, winner take all contests. Tribalism not only undermines democracy by ruling out compromise, bargaining, and respect for the Other; it also reverses one of the most important milestones of progress in how we understand morality: the insight that morality is not a list of commands to be unthinkingly followed, but rather that morality centrally involves the giving and taking of reasons among equals. Tribalism rejects this insight by branding the Other as a being who is incapable of reasoning.


Author(s):  
Gabriela Rigotti ◽  
Verena Pereira

The objective of this article is to discuss how gender narratives have been used in the field of advertising, seeking to understand the textual and imagery aesthetics involved in them and how they would act in the process of educating consumers on the issue. Communication and education are "volatile" fields of study, with seasonality and changing conceptualizations; thus, each new analysis represents not a theoretical objectivism based on the search for truth, but rather an addition, to the market and to the world, of a new way of thinking, understanding, and above all, transmitting messages. With this in mind and to support the theoretical discussion undertaken, two case studies of advertising campaigns were conducted, one of them international, of L'Oreal and the other, national of Avon brand, both using neutral language, in order to understand how and with what results the commitment to use this type of language acts in consumers’ ways of thinking and acting towards a more inclusive and egalitarian society.


2021 ◽  
Vol 1 (XXI) ◽  
pp. 117-133
Author(s):  
Aleksandra Wentkowska ◽  
Sławomir Tkacz
Keyword(s):  
The Law ◽  
The One ◽  

The time of COVID- 19 pandemia presents a number of challenges for policymakers and enforcement of law. On the one hand, they are related to the need to quickly respond to threats concerning the spread of the epidemic, on the other hand, the need to maintain standards related to the obligation to implement the values of law. The measures taken to protect the life and health of citizens, in particular the restrictions introduced by executive acts, undoubtedly undermine the assumption that the law creates a system. The first part of the article present philosophical and legal reference to the issues of law-making in the time of pandemia. The second part contains a study of cases of the Ombudsman. The text ends with short reflections presented as a summary


2014 ◽  
Vol 21 (1) ◽  
pp. 72-130 ◽  
Author(s):  
E.H. Ngwa Nfobin

Should society be protected against homosexuality? To an overwhelming number of Cameroonians, the answer is too obvious for the question of its criminalization, for a little more than four decades, to be revisited. Far beyond questioning the law, it invokes the Spirit of Evil and this is even what creates the abomination. This reasoning would have permitted us to look the other way while the repression of gay people in the country completes its course, if at all the practice could ever be stamped out. But there is a perceptible hardening of resolve within the Cameroonian gay community not to cringe further, the advance of democracy and the heroism of their kind elsewhere in the world being encouraging factors. They boldly demand social rehabilitation and more interestingly are taking their fight into the legal arena where they were thought for decades to be shut out from, even arguing that their non-conforming sexual orientation is a constitutional right. The Cameroonian leadership is exhibiting hints of fatigue as regards a repression that seems to be backfiring. It is apparently weighing its options and biding its time. This article examines the arguments of the forces involved in the stalemate and strives to provide information that may be of help at this defining moment.


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