Obligating Shell By Patricia Mrtiams Analysis

Great Essays
Mary Ellen Turpel provides her perspective on how the rule of law is very problematic. Her critique is based on the notion that the concept of the rule of law – that everyone is equal -has been developed and adapted by Western states as a method to restrain the government. Turpel argument is not about the debate of individual and collative right, rather it is about rethinking how we think and fundamentally how we perceive our rights. It is important that Ontario Human Rights Code does not undermine other people’s human rights because they do not belong to the so-called dominant group. Her argument is that one cannot understand the difference of cultural relevance without letting go over your cultural view. Which is difficult, cause no one has …show more content…
She begins her argument by providing small stories that illustrate the concept of equality and affirmative action. Patricia Williams uses the Court decision in the City of Richmond v. J.A. Croson Co. case to illustrate the challenge posed to the Court in relation to an affirmative action program that was made by the municipal government. The program was challenged and found discriminatory. Consequently, Patricia Williams examines the notion and analyzes the decision by taking the assumptions that influenced the decision into consideration. She identifies that merit was a key factor in the case. Moreover, she identifies that the decision of the case can be assumed based on the language the court used in its rationale. Williams urges us to challenge our assumptions and …show more content…
In her commentary, she inadvisably, unconsciously, played into an anti-Semitic stereotype. She gets called on it by a member of the group. This story makes us reconsider whether the focus should have been on the action and words of the person because it was racist or their intent. Jocelyn Thorpe’s article analyzed the discourse of same-sex marriage by examining other newspapers. Dianna Pothier and Richard Devlin provide that people with disabilities in Canada experience inequality and face discrimination. The Human Rights Code should, therefore, recognize the cultural difference and provide a solution beyond a status

Related Documents

  • Improved Essays

    In the case Dallas Fire Fighters Ass'n v. City of Dallas, white and Native American male fire fighters claimed race and gender-conscious promotions violated the Equal Protection Clause (Berkeley, 1996). The plaintiffs claimed the department passed them over for promotions solely on the basis of race or gender pursuant to the Department's affirmative action plan (Berkeley, 1996). The court held the constitutionality of an affirmative action plan, whether voluntary or court-ordered, must be subjected to strict scrutiny (Berkeley, 1996). The court found that the City's policy of "skip promotions" in the fire department was not narrowly tailored and therefore violated the plaintiff's equal protections rights (Berkeley, 1996). Likewise, the female…

    • 133 Words
    • 1 Pages
    Improved Essays
  • Great Essays

    Mavis Baker Case Summary

    • 1492 Words
    • 6 Pages

    Canada case in a way in which the facts are stated accurately. However, there is the possibility that a legal positivist would also explain this case in a more biased manner by considering Ms. Baker’s arguments as extraneous. By understanding how this perspective would approach this case, the connection between morality and the law can be found in the ratio, and the significance of procedural fairness can be seen as articulated through the basic rule or principle in the case. A legal positivist would agree with a majority of the courts’ assessments, except the Supreme Court of Canada’s assessment; however, the assessment of a legal positivist could also be considered as incorrect. Yet, if the legal positivist were to look at this case through a slightly different view, they would agree with the Supreme Court’s assessment and be considered correct.…

    • 1492 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    The Plessy v. Ferguson supreme court case is one of the most well known landmark supreme court cases. It primarily argues the “separate but equal” segregation and Jim Crow laws that emerged post-civil war. The outcome of this case was entirely justified, at the time, because it still met the principles in the thirteen and fourteen amendments. Additionally, Plessy's argument was still undermined with the fact that the state was still keeping facilities “separate but equal.”…

    • 556 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Not only does this case deal with the concept of affirmative action and racial quotas, but also the equal protection clause in the Fourteenth Amendment, which states that no business or state shall deny a person based on their race or sex. Allan Bakke, the defendant in this case, actually applied to the university two…

    • 975 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    However, Strauss responds to this first argument by explaining that the “separate but equal” policy was not successful or fundamentally sound, rather, legally and practically it had been on the decline for decades. Specifically, Strauss explains that with Supreme Court case after case, the courts realized that determining what was equal in separate facilities was difficult in itself, but also they were encountering several cases such as McCabe, in which black law students were forced to attend school out of state, in which state government were explicitly exploiting separate but equal policies to provide the same opportunities to blacks but certainly not equal opportunities in quality. Thus, what we see is that clearly these separate but equal policies were not simply a way of life and not a testament to amicable relations between blacks and whites. On the contrary, separate but equal policies were left “hanging by a thread” (Strauss) due to the progression of Supreme Court cases ruling constitutional statutes invalid because of the lack of equal opportunity for blacks and whites.…

    • 920 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    This is a heated age and the policy of affirmative action is a controversial topic. Ever since it was first introduced in the 1960s, the court has affected the use of affirmative action significantly because its rulings upheld the policy’s constitutionally and made it more acceptable to the public. To begin with, it is important to acknowledge that the court was not the only arena in which affirmative action policies have been challenged. It has also been challenged in arenas such as college admission and the job application process. In my opinion, the case of Brown v. Board of Education had a significant impact on the introducing the affirmative action.…

    • 372 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Health Policy Case Study

    • 754 Words
    • 4 Pages

    1) From the case study, provide one example of each of the forms that public policies can take: laws, rules or regulations, other implementation decisions, and judicial decisions. Law: Social Security Amendment of 1965 is a public law 89-96. It was created to aid senior citizens with health insurance (Medicare) and to provide health care to indigent population and disabled (Medicaid). Rules/Regulations:…

    • 754 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The great privilege of United States of America is the people of the country have the right to equality. Clayborne Carson an author of the argumentative essay “Two Cheers for Brown vs. Board of Education”. Born in Buffalo, New York; he is an educated scholar who specializes in African American and civil rights history. Carson’s essay is summarizes how Brown affected the outcome of desegregation in public schools. Brown is a Supreme Court decision that ruled public schools to allow African American children to attend predominantly Caucasian schools.…

    • 1129 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    1. The Supreme Court decisions in a case affect significantly the entire country’s legal system. Therefore, models of judicial decision making were created to explain the Supreme Court’s behavior and how they influence policies. While the legal, attitudinal and the strategic model are not the only theories of judicial decision making, those constitute the most prevalent hypotheses to explain judicial decisions.…

    • 1172 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    The Argument of Strong Affirmative Action Between Hettinger and Pojman After the era of the Civil Rights Movement swept how people think, Americans and business have tried to find ways in order to help promote diversity and equality into establishments such as the workforce and higher education. One of the ways that America has decided to do this is by promoting affirmative Action. Affirmative action a policy favoring those who tend to suffer from discrimination, also know as positive discrimination. We encounter two authors that both seem to have different opinions on the view of affirmative action. Edwin C. Hettinger is on the side calling affirmative action “reverse racism” itself suggests that it is discrimination: discrimination towards…

    • 1047 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    In “The Case Against Affirmative Action,” Louis Pojman argues against Strong Affirmative Action, which he distinguishes from Weak Affirmative Action. I will begin this paper by explaining this distinction between Strong and Weak Affirmative Action. Second, I will explain why I agree with Pojman that Strong Affirmative Action has no moral weight. Next, I will provide an exposition of Argument 9: An Argument from the Principle of Human Merit. In this exposition, I will explain why I agree with the two pillars of Pojman’s argument.…

    • 1564 Words
    • 7 Pages
    Great Essays
  • Great Essays

    The British North America Act, and the Canadian Charter of Rights and Freedoms have created a situation in which the legislation to protect the people from the power of the Court is muddled down, and what is left is an oligarchy of people from one singular ethnic background and very similar socializations. The ability of the Court to strike-down legislation written by a democratically elected commons defies the will of the people. Thus subjecting them to live by what another body believes ought to be morally and legally right, showing that this institution challenges the democratic values of Canada, and is operating with an excessive amount of…

    • 1470 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Affirmative action policies allow for equal opportunity and throughout history have helped end discrimination in the workforce as well as many different type of organizations. Minorities are given the opportunity to compete for job opportunities and admissions to educational institutions. However, not everyone agrees with these types of policies and believe that this is a form of “reverse discrimination” against white individuals (1). These individuals argue that minorities that include people of color and women are given preference and although the qualifications may be the same amongst all, the minorities will be granted the opportunity simply because of their skin color or gender. In “Affirmative Action and Fairness” Robert Fullinwider discusses how affirmative action is viewed differently…

    • 1136 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Carole S. Vance, who wrote the Please and Danger: Exploring Female Sexuality in 1984, provides a historical account of the issues surrounding societies perceptions, beliefs, and expectations of women sexuality. Vance explores several factors that bring light to the ways in which women’s sexual non-conformist behaviour remained invisible. Vance begins her paper stating, “the tension between sexual danger and sexual pleasure is a powerful one is women’s lives” (Vance, 1). This statement reinforces the duality that exists within society in context to women’s sexuality. Historically women have been situated within a male dominated society, dictated by the patriarchal structures that pervades all most all facets of society, including; the political,…

    • 1431 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    Separate But Equal Essay

    • 894 Words
    • 4 Pages

    Separate but Equal Plessy v. Ferguson was the first case to justify segregation using the ‘separate but equal’ doctrine. The Supreme Court’s stand on the Brown v the Board of Education case has been appreciated with much significance. To some people it was a sign of the beginning of the civil rights in the 1950s and the 1960s while to others it was an indication of the crumbling of segregation. The Brown decision is a landmark in history as it overturned the legal policies that had been established by the Plessy v. Ferguson decisions that made practices of separate but equal legal. For a long time, civil rights movements in the first fifty years of the 290th century were concurrent with the policy, separate but equal, in efforts to get a grip…

    • 894 Words
    • 4 Pages
    Superior Essays