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Harnessing Developmental Science to Broaden Equality Jurisprudence

Harnessing Developmental Science to Broaden Equality Jurisprudence

Chapter:
(p.195) 5 Harnessing Developmental Science to Broaden Equality Jurisprudence
Source:
Adolescence, Discrimination, and the Law
Author(s):
Roger J. R. Levesque
Publisher:
NYU Press
DOI:10.18574/nyu/9781479815586.003.0006

This chapter builds on the notion that a close look at laws regulating the various sites of inculcation reveals multiple ways in which social institutions can serve as an impetus and guide for change, furthering the ideals of equality jurisprudence. It examines how the legal system can balance the immense freedom retained by socializing institutions and private individuals with the need to foster civic development that embraces a sense of equality, tolerance, and just opportunities, which brings us closer to the ideal hallmarks of modern civil society. It articulates broad principles grounded in empirical evidence, such as the need to clarify the values of different socializing systems, the need to provide guidance in determining responsibilities and obligations, and the need to focus on local implementation that can support structural change. While doing so, it provides concrete examples to demonstrate how the legal system can fail and how it can succeed in shaping the values that alleviate invidious discrimination.

Keywords:   inculcation, social institutions, equality jurisprudence, legal system, civic development

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