Racial Culture

What is black culture? Does it have an essence? What do we lose and gain by assuming that it does, and by building our laws accordingly? This bold and provocative book questions a common assumption of political multiculturalism: that social categories such as race, ethnicity, gender, and sexuality are defined by distinctive cultural practices.

Richard T. Ford is George E. Osborne Professor of Law at Stanford Law School

Preface

vii

Preamble

1

(3)

Difference Discourse

4

(9)

Political Philosophy

5

(6)

Legal Scholarship

11

(2)

Legalism

13

(1)

Ideology

14

(3)

Lexicon

17

(3)

Overview of the Book

20

(3)

Difference Discourse

23

(36)

A (Abridged) History of Difference

29

(7)

The Production of Group Difference as Common Knowledge

36

(6)

The ``Repressive Hypothesis''

36

(6)

``Diversity'': Difference Discourse as Corrupt Detente

42

(17)

Alan Bakke: Multiculturalist?

44

(15)

Identities as Collective Action

59

(66)

Identity as Social Performance

61

(6)

Free Time

64

(3)

Recognition of Difference as Protective Custody

67

(23)

Rights as Public Policy

68

(2)

Rights-to-Difference Require an Official Account of Group Difference

70

(4)

Difference Discourse as Social Discipline: Delegitimation and Stereotyping

74

(4)

Cultural Reservations

78

(10)

Copyrights-to-Difference: Culture as Property

88

(2)

Identity Consciousness: Less Is More

90

(35)

Group Consciousness without Cultural Romanticism

91

(2)

Culture Distinguished from Status

93

(4)

Against ``Racial Characteristics''

97

(3)

Status and Immutability

100

(16)

Intimacy and Identity

116

(9)

``Cultural Discrimination''

125

(44)

Why ``Cultural Bias'' Is Like Death and Taxes

127

(5)

Background Rules as Cultural Discrimination

127

(3)

The Inevitability of Discriminatory Laws

130

(2)

Everyone Can Make a Difference: Difference Discourse as Cultural Zeitgeist

132

(10)

Difference as an Expensive Taste

139

(3)

Institutional Cultures

142

(6)

Institutions, Culture and Intergroup Conflict

148

(8)

Cosmopolitan Difference

156

(6)

The Cosmopolitan and the Province: An Ideological Reorientation

162

(7)

The Ends of Anti-Discrimination Law

169

(42)

Civil Rights as a Limited Mechanism of Social Justice

170

(2)

Anti-discrimination Law and Joint Costs

172

(7)

Doctrinal Reform

179

(16)

Disparate Treatment

181

(2)

Disparate Impact

183

(12)

Rogers Redux: Toward a Pragmatic Approach to Difference

195

(8)

Alternative Approaches to Group Conflict and Social Injustice

203

(8)

Postscript: Beyond Difference

211

(4)

Notes

215

(12)

Index

227

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Summary

Author Biography

Table of Contents

Supplemental Materials