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Identity

University at Buffalo School of Law

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Full-Text Articles in Law

Legal Consciousness Reconsidered, Lynette J. Chua, David M. Engel Apr 2019

Legal Consciousness Reconsidered, Lynette J. Chua, David M. Engel

Journal Articles

Legal consciousness is a vibrant research field attracting growing numbers of scholars worldwide. Yet differing assumptions about aims and methods have generated vigorous debate, typically resulting from a failure to recognize that three different clusters of scholars—identified here as the Identity, Hegemony, and Mobilization schools—are pursuing different goals and deploying the concept of legal consciousness in different ways. Scholarship associated with these three schools demonstrates that legal consciousness is actually a flexible paradigm with multiple applications rather than a monolithic approach.Furthermore, a new generation of scholars has energized the field in recent years, focusing on marginalized peoples and non-Western settings. …


Bureaucratic Speech: Language Choice And Democratic Identity In The Taipei Bureaucracy, Anya Bernstein May 2017

Bureaucratic Speech: Language Choice And Democratic Identity In The Taipei Bureaucracy, Anya Bernstein

Journal Articles

This article illuminates the social nature of bureaucratic practice. Analyzing the everyday speech of bureaucrats in a polyglossic society reveals both their intensely interactive conduct and their recognition that the government they comprise is itself a participant in a social world of institutions and values. My ethnography shows how Taipei city government administrators mobilize ideologies associated with Taiwan’s two primary languages, and stereotypes associated with bureaucracy, to undermine both. Instead, they present themselves as a post-ethnonational and post-bureaucratic avant garde of their new democracy. In doing so, they draw on local values and tropes of legitimation, which place a premium …


How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey Jan 2010

How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey

Journal Articles

What is disability - a biological or social condition? In the conventional equality frameworks, the division between biology and social identity puts disability at the bottom of the formal equality hierarchy, but at the top of the substantive equality hierarchy. Compared with race and then gender, disability deserves the least protection against formal discrimination, on the theory that disadvantages are based on real and relevant functional differences more than on suspect social judgments. But turning to substantive equality, disability’s supposed greater biological basis justifies affirmative accommodation of difference, compared to the social differences of race, with gender in the middle …