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PreprintCited by 3Multicultural Socio-Legal StudiesRace, History, and American SocietyLaw, Rights, and Freedoms

The Perceived Values of Diversity, then and Now

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Schuck, Peter H.·2001·SSRN Electronic Journal
DOI 10.2139/ssrn.273211
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Abstract

This essay, given as the Uri and Caroline Bauer Memorial Lecture at Cardozo Law School, is also a chapter in a forthcoming book, Schuck, Diversity in America: Law's Uneasy Roles. I trace the intellectual history of what I call diversity-as-ideal (as distinct from what I call diversity-as-fact) from Biblical texts to the present. I find that except for a few precursors like Mill, Whitman, and the cultural pluralists Horace Kallen and Randolph Bourne, diversity was until the late 1960s viewed as a condition to be managed and perhaps admired, but certainly not a social ideal to be promoted and celebrated, much less a public policy goal to be pursued through law. Even these relatively few diversity visionaries, moreover, did not celebrate it as a universal ideal that included blacks and other racial minorities. Here, as in many other areas, the 1960s marked a fundamental change in the American view of diversity-as-ideal, one whose normative foundations and policy implications remain contested.

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  • Ancestral hunter-gatherer groups' members traveled less, interacted less with strangers, and were less economically dependent on other groups, which should have homogenized them with respect to race, culture, and background.

    “After all, their members traveled less, interacted less with strangers, and were less economically dependent on other groups (Simpson and Beckes 2010: 37).This should have homogenized them with respect to race, culture, and background (Schuck 2001(Schuck : 1915)).”

    From What Is the Function of Confirmation Bias? (2022) · cites this paper as Schuck 2001

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Authors
Schuck, P. H.
Affiliations
Yale University (US)
Corresponding author
Schuck, Peter H.
Venue
SSRN Electronic Journal
Publisher
Elsevier BV
Published
2001
ISSN
1556-5068 (ISSN-L)
DOI
10.2139/ssrn.273211
OpenAlex
W1505498477
Cited by
3
References
42
Citations by year
2020: 1 · 2012: 2
Type
posted content
Language
en
Open access
Locations
  • SSRN Electronic Journal (acceptedVersion)
  • bepress Legal Repository (submittedVersion)
Topics
  • Social Sciences › Sociology and Political Science › Multicultural Socio-Legal Studies
  • Social Sciences › Sociology and Political Science › Race, History, and American Society
  • Social Sciences › Sociology and Political Science › Law, Rights, and Freedoms
Keywords
diversity, intellectual history, cultural pluralism, Horace Kallen, Randolph Bourne, John Stuart Mill, Walt Whitman, racial minorities, civil rights, 1960s social change, public policy

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