Law’s universal formalism requires customization to address race, gender, and class.
Evidence
Given the universality of law’s formalism , law’s applicability necessitates its customization. Social considerations of race, gender, and class mark particular conditions that sdciolegal universals reference either not at all or only partially and incompletely — David Theo Goldberg, The Racial State, 80
Categorization
- QUESTION: Worth chasing: the claimed incompatibility with MacKinnon’s argument for expanding legal universality — when does formal equality genuinely help subordinated groups?
Related
- Modern law manufactures the very uniformity it claims merely to recognize (similarity 0.79)
- Law converts difference into sameness to enable formal equal treatment (similarity 0.78)