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 colorism operates in the Asian American community, and thereby yields important insights about how anti-Black prejudice is formed and deployed. Two papers focus on the legal conceptualization of being Jewish, one on constitutional identity in Israel, another on Slovak legal classification on Jewry in the holocaust and the interwar period. Another paper investigates the way the market defines race and gender, in particular on gamete markets and the purchase of racially marked sperm and eggs. One paper focuses on hate crimes and ‘nulla crimen sine lege certa‘.challenges.



Time:  TUESDAY JUNE 26 2018 9:00 AM - 10:30 AM
Chair(s):   Nico Krisch
Panel:  Panel 59