University of Pittsburgh School of Law Scholarship@PITT LAW Articles Faculty Publications 2004 Racism's Past and Law's Future Vivian Grosswald Curran University of Pittsburgh School of Law,
[email protected] Follow this and additional works at: https://scholarship.law.pitt.edu/fac_articles Part of the Civil Rights and Discrimination Commons, Ethics and Political Philosophy Commons, Human Rights Law Commons, Inequality and Stratification Commons, Jurisprudence Commons, Law and Philosophy Commons, Law and Race Commons, Law and Society Commons, Race and Ethnicity Commons, and the Social and Cultural Anthropology Commons Recommended Citation Vivian G. Curran, Racism's Past and Law's Future, 28 Vermont Law Review 683 (2004). Available at: https://scholarship.law.pitt.edu/fac_articles/427 This Article is brought to you for free and open access by the Faculty Publications at Scholarship@PITT LAW. It has been accepted for inclusion in Articles by an authorized administrator of Scholarship@PITT LAW. For more information, please contact
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[email protected]. RACISM'S PAST AND LAW'S FUTURE Vivian Grosswald Curran* Pour Charybde dviter tu tomberas en Scylle, Si tu ne sais nager d'une voile Atout vent.' I. INTRODUCTION This Article addresses what may be called the problem of law's association with evil by arguing a point Ernst Cassirer made in The Myth of the State: The self-preservation of the state cannot be secured by its material prosperity nor can it be guaranteed by the maintenance of certain constitutional laws. Written constitutions or legal charters have no real binding force, if they are not the expression of a constitution that is written in the citizens' minds.