The Calamity of Equity in American Jurisprudence: Examining Rawls and his Influence in Brown v. Board of Education and Korematsu v. The United States Open Access

Abstract

While the impact of Brown v. Board of Education and Korematsu v. The United States on legal scholarship and societal structure is indisputable, the method of lawmaking and interpretation within the United States that has been pedestalled as one of justice and fairness seems to be absent in two of the most well-known landmark cases in American legal history.  In this thesis, I have examined the histories and effects of two of the most well-known landmark cases with the most opposite contemporary societal and scholarly recognitions to explore their common Rawlsian philosophies. Ultimately, the decisions’ foundations in Rawls’ two principles of justice allow their authors to remain ‘safe’ from accusations of judicial activism while appearing to posit equitable decisions. However, their decisions that are based in an objective understanding of a ‘just’ society do not apply to individuals. Thus, de facto systems of law were produced, furthering inequitable societal structures within the United States. Ultimately, Ronald Dworkin’s conception of “luck egalitarianism” and arguments against social contract theory as a tool for governance may have altered the effects of Brown and Korematsu. Further, Brown’s praises and Korematsu’s scorn must be challenged and redirected to examine the preconceptions of landmark cases that exist within academia and American society at large.  

Table of Contents

Introduction……….…………………………………………..……………………………………………………1

Brown.……………..…….…………………………………………………………………………………………..3

Korematsu.……..………………………………………………………………………………………………….14

Rawls.………………………..…………………….…………………………………………………………….…21

The Calamity of Equity…………………………………………………………………………………………30

Conclusion.………………………..…………………………..………………………………………………….40

References…………………………….………………………..………………………………………………….42

About this Honors Thesis

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School	Emory College
Department	Philosophy
Degree	B.A.
Submission	Honors Thesis
Language	English
Research Field	Philosophy
Keyword	Korematsu Rawls Brown
Committee Chair / Thesis Advisor	Michael Sullivan, Emory University
Committee Members	Hallie Ludsin, Emory University School of Law John Lysaker, Emory University

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