From Anti-Discrimination to Anti-Subordination: Implementation Matters

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As a whole, then, outsider scholars, including LatCrits, seek to employ law as an instrument of social transformation towards social justice worldwide. Outsider scholars have called for a move from the ‘anti-discrimination principle’ under formal equality to the ‘anti-subordination principle’ and the attainment of substantive security: the material attainment — in other words, of the social conditions enabling all humans to actualise the ‘pursuit of happiness’ to which all humanity is said to be entitled.6 In current terminology, ‘substantive security’ might fairly be described as the full social and legal implementation of the civil, political, cultural, economic and other human rights already recognised formally in myriad international instruments of the past half-century, but not yet fully implemented anywhere on Earth. Substantive security conveys the realisation of a post-subordination society, the ultimate goal of OutCrit and LatCrit undertakings.

From Francisco Valdes (2005), “Legal Reform and Social Justice: An Introduction to LatCrit Theory, Praxis and Community,” Griffith Law Review, 14:2, 152.

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From Anti-Discrimination to Anti-Subordination: Implementation Matters