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Toward A Substantive Theory Of Equality In Dayton’S Bosnia: Implications For Nations In Transition, Sheri P. Rosenberg

Sheri P. Rosenberg

The value of equality has little currency after genocide and ethnic cleansing. Restoring that value is no easy feat. Paramount, though not singular in this struggle for equality, is the role of the law. A state legitimates its common legal rights and duties through its legal institutions, which define the values and character of the nation. Equality and anti-discrimination jurisprudence is particularly important at the delicate moment of transition from genocide, because it grounds within society the normative shift in principles underlying and legitimating the cultural understanding and relationship to equality. Specifically, this Article addresses the question: what can equality …