Document Type


First Page



In recent years, legal scholars have used insights from cognitive and social psychology to explain that, despite significant gains, discrimination persists in America. Specifically, such scholars argue that our current antidiscrimination legal system, aimed at overt, conscious, and intentional conduct is not an effective tool for combating current forms of discrimination that are often subtle, unconscious, and unintentional. This article builds on that work by illustrating that, while insightful, the perspective from which these scholars approach the problem of discrimination is really no different from that which informs the current antidiscrimination system they seek to change. Accordingly, this article will explain how the perspective of these scholars is the same as that informing the current system. Second, this article will put forth an alternative perspective and then demonstrate how the new point of view advocated for opens up new possibilities with respect to how we might eradicate discrimination from American society.