The Anticaste Principle

Sunstein, Cass R.

Journal: Michigan Law Review

Volume: 92

First Page: 2410

Year: 1994

Bluebook Citation: 92 MICH. L. REV. 2410 (1994)

Author: Cass R. Sunstein: all 194 publications


Citation analytics

How this journal article sits in the citation network, derived from CiteLaw's graph of published opinions.

Cited
1
Citing decision
1
Courts citing
Most recently cited by1

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Abstract

In this essay, I seek to defend a particular understanding of equality, one that is an understanding of liberty as well. I call this conception "the anticaste principle." Put too briefly, the anticaste principle forbids social and legal practices from translating highly visible and morally irrelevant differences into systemic social disadvantage, unless there is a very good reason for society to do so. On this view, a special problem of inequality arises when members of a group suffer from a range of disadvantages because of a group-based characteristic that is both visible for all to see and irrelevant from a moral point of view. This form of inequality is likely to be unusually persistent and to extend into multiple social spheres, indeed into the interstices of everyday life.

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.