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15 Soc. & Legal Stud. 5 (2006)

handle is hein.journals/solestu15 and id is 1 raw text is: 






  TAxONOMIES OF INEQUALITY:

       LAWYERS, MAPS, AND THE

     CHALLENGE OF HYBRIDITY


                            EMILY GRABHAM
                            University of Kent, UK



                                ABSTRACT

Intersectional discrimination challenges not only the structure of equality law, but
also the techniques that lawyers employ in assessing and arguing discrimination cases.
Client forms, akin to questionnaires, assist lawyers in obtaining a full picture of the
client's circumstances and in avoiding the omission of any potential legal remedies.
Chronologies of events assist lawyers in mapping discriminatory events and estab-
lishing that the client is within the time limit for submitting a claim to the Employ-
ment Tribunal. These techniques reflect discrimination law's defensiveness against
lived complexities, which in itself restricts possible intersectional analyses. For
example, through chronologies, each discriminatory event is defined by reference to
only one 'ground'. Discrimination law therefore links the passing of time itself to the
categories it has produced. In this context, Homi Bhabha's concept of hybridity
provides a useful way of describing how intersectional subjects relate to their
categorization through law. It shows how legal subjects simultaneously adopt and
resist the grounds that lawyers use to describe their experiences. If discrimination law
is based on enabling legal subjects to speak for themselves, then we should investi-
gate these possibilities for resistance.


                               KEY WORDS

 categories; discrimination; grounds; hybridity; intersectionality; lawyers; mapping


   Scientific maps could not be fetishes; fetishes are only for perverts and primi-
   tives. Scientific people are committed to clarity; they are not fetishists mired in
   error. My gene map is a non-tropic representation of reality, that is, of genes
   themselves. (Haraway, 1997: 137)



         SOCIAL & LEGAL STUDIES Copyright © 2006 SAGE Publications
    London, Thousand Oaks, CA and New Delhi, www.sagepublications.com
                         0964 6639, Vol. 15(1), 5-23
                      DOI: 10.1177/0964663906060971

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