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12.06.10 - • Substantive-How that particularly legally...

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Chapter 1 - What is equality in the Law? o A. Equality as Equal Citizenship It is impossible to be equal, only way to gain equality is to gain citizenships. Citizenship is not universal Let’s take the declaration of independence, our founding fathers declared all men are created equal, but they didn’t count slaves as a benefactor, let’s take that through citizenships Kenneth L. Karst “Equal citizenship under the fourteenth amendment” Citizenships is made primarily the law declaring you a citizen or not Social culturally identify with a certain kind of community Formal vs. Substantive citizenship Formal-primarily what the law see and articulates
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Unformatted text preview: • Substantive-How that particularly legally status is lived What makes citizenship a good proxy/important institution to understand equality? • Good proxy to understand the definition of the books Citizenship is a notion of equality. o Equality of Neutrality Even if we agree that equal citizenship guarantees some degree of “belonging,” there may be different means of guaranteeing that belonging. o Equality as Antisubordination o Reparative Equality It’s a remedy in the law that can be pursued by groups This idea that these groups can have legal remedy contradicts or challenges this idea of the individual....
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