The paper investigates the way the market defines race and gender, in particular on gamete markets and the purchase of racially marked sperm and eggs. The issue has relevance for international debates because it involves multiple ART markets in different countries with different descriptions and different motivations when it comes to representing race. It has...
CONCEPTUALIZING AND OPERATIONALIZING IDENTITY: A CHALLENGE FOR PUBLIC LAW
The conceptual framework of the panel concerns the role of public law in identity politics, in particular how law can conceptualize racial, gender and religious identities. One paper provides an overview of potential concepts through which the issue can be assessed, focusing in particular on the legal-administrative conceptualization of “choice“ and “fraud.“ Another explores how...
Asian Americans and Racial Justice
Exploring how colorism operates in the Asian American community yields important insights about how anti-Black prejudice is formed and deployed. As many Asian American groups arguably fall into an intermediary category labeled “Honorary White,“ under this system of pigmentocracy, inequality will actually worsen but creation of the intermediary category allows Whites to remain at the...
Choice and fraud: Conceptualizing and operationalizing identity by public law
The paper investigates the role of public law in identity politics, identifying potential angles to the scrutiny, such as (i) whether are there are existing legal definitions for the “source“ of identity; (ii) whether the definitions concern the majority community (or communities), or only minorities, and whether there are illuminative differences; (iii) how membership criteria...
Constitutional Identity in Israel: Proposed Basic Law: Israel as the Nation State of the Jewish People
The paper article focuses on the definition of Israel as a Jewish state. It argues that while the debate on the Jewishness of the state has focused, for many years, on questions of religion and state, in recent years the focus has shifted from religion to nationalism, in a manner that makes it difficult to...
Legal Conceptualization of Jews in the Territory of Slovakia during the 20th Century
The paper provides an analysis of the legal status of the Jewish community in Slovakia in the first half of the 20th Century. Czechoslovakia was the only European state at that time that provided an option for its citizens to declare Jewish nationality for the purposes of the census. The scrutinizes the legislative conceptualization of...
What is hate, and what is a hate crime? Targeted hostility, the criminal law and the principle of certainty
Using Irish case law a starting point, the paper argues the principle of certainty is relevant in the context of hate crime in three key ways. First, in the context of the legislative definition of protected characteristics (i.e. does reference to “race“ in a statutory provision, for example, include bias articulated against the national origin...