Law Commons^™

The Social Foundations Of Law, Martha Albertson Fineman

Faculty Articles

There are several important questions to ask both our politicians and ourselves as we seek to refine and further define an otherwise abstract commitment to substantive equality with which to replace our current formal version. As with many concepts of historic magnitude, some of the most significant questions to pose about equality have to do with how we should respond to evolutions in understanding and changes in aspiration for the term: ls a mere commitment to formal equality sufficient for a humane and modem state? How should the state respond to the fact that our society is increasingly one in …