Friday, June 30, 2023

Bleak House

Is there value free jurisprudence? In her blistering dissent, Kentanji Brown Jackson said of the affirmative action decision that it "proceeds (ostrich-like) from the hope that preventing consideration of race will end racism."Justice Sonya Sotomayor compared its delusive exceptionalism to "putting lipstick on a pig." Deconstructionists have argued that language itself is culture bound. What's good where everything is by definition relative? And what's moral? Does equality mean no accommodation is ever made in a contest? Survival of the fittest in absence of context recalls Herbert Spencer's Social Darwinism, the ideology which justified the worst abuses of the Industrial Revolution. What does it actually mean for Justice to be blind? Jarndyce v. Jarndyce was the case that goes on for generations in Dickens' famed novel about the courts. Bleak House is also the legacy of a Trump appointed conservative majority. However, hope springs eternal. Amherst College has now undertaken a policy of what might be called "affirmative detraction" whereby legacies are no longer given preferential treatment.

read "Social Darwinism Redux" by Francis Levy, HuffPost

and listen to "Make America Great Again" by Pussy Riot

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