01:790:373 Lecture Notes - Lecture 12: Carrie Buck, Intellectual Disability, Rational Basis Review
6 Apr 2017
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Document Summary
Cannot address the problem of difference effectively: law cant handle inequality correctly . Labels do not see the context of relationship. Linkage of integration and equality: treating the children the same: integration, treating them differently: community control. May freeze in place past consequences of difference. But, government action makes differences matter and reinforces them. Five fault assumptions: difference is intrinsic not a comparison. Perpetuates dilemma of difference by using categorical approach. Differences is not discovered, but invented: norm need not be stated. Pregnancy: men are the norm, women are different. Laws are favorable to women also may be challenged (i. e. pregnancy leave) Legal reasoning feels natural because the general language is embedded in hierarchies: the observer. Impartial judge may reinforce biases of community: i. e. nativity scene. Wisconsin v. yoder: amish kids want to leave school at 13. Perspective of amish was respected, but what about the children: status quo: natural, uncoerced, good. Government neutrality: arrangements are assumed to be neutral.
