Law in Contemporary Society

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RicardoWoolerySecondPaper 3 - 24 Aug 2009 - Main.EbenMoglen
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The Utility of Merging Academic Discourse and the Functional Approach in enabling in people the willingness to recognize the realities of race and to act against racial inequality

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  • This is a very interesting approach to the editing of Young's draft. I don't think the promise of a clear divide between "academic discourse" and the "functional approach" has been achieved here, but it's an obviously interesting and valuable route to explore. Is "critical race theory" (or any "non-critical" kind that may be suggested) being or becoming transcendental nonsense because it is not maintaining connection between its language and social realities? Some illustrative evidence would help. When John Payton spoke about section five, he was doing so in the expectation that a Supreme Court decision in NAMUDNO v. Holder might significantly weaken or destroy it. That wasn't just the "functional approach" in general, it was public relations in the immediate context of ongoing litigation. So that illustration too could have been productively supplemented or replaced.

  • For which reasons I think this edit, although fascinating, isn't complete. It would be well worth the attention necessary to refine the argument further, simplifying and (to borrow from Father Divine) "tangibilizing" it to make it clearer.
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Revision 3r3 - 24 Aug 2009 - 13:15:07 - EbenMoglen
Revision 2r2 - 19 May 2009 - 03:40:38 - LaurenRosenberg
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