Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Further Thoughts On Race, American Law, And The State Of Nature: Advancing The Multiracial Paradigm Shift And Seeking Patterns In The Area Of Race And Law, George A. Martinez
Further Thoughts On Race, American Law, And The State Of Nature: Advancing The Multiracial Paradigm Shift And Seeking Patterns In The Area Of Race And Law, George A. Martinez
Faculty Journal Articles and Book Chapters
In his article, the author seeks to use philosophical theory - state of nature theory - as a way to understand American law and issues of race. This project, consistent with a recent trend in legal scholarship, seeks to uncover hidden meanings in law through historical analysis, cultural critique, or philosophical contemplation.
The author argues that there is a tendency for the dominant group to relate to racial minorities as if they were in the state of nature - i.e., a tendency to act as if they were in a situation without legal or moral constraints. The article examines this …