6 Crit 1 (2012-2013)

handle is hein.journals/tcrit6 and id is 1 raw text is: Philosophy, Law, & Literature
IDENTITY, LAW, AND ESSENTIALISM:
WHAT'S LOVE GOT TO DO WITH SAME-SEX MARRIAGE?
RAINIER ELIAS*
TABLE OF CONTENTS
INTRODUCTION.................................................................2
I. PREFACE: CONFESSIONS OF A JADED LAW STUDENT.............                       .................2
II. THE SOURCES AND OBJECTIVES OF CONTEMPORARY CATEGORIZATION.                       ................4
A. Essentialism & Modern Philosophy...................................5
i. The Essence of Tableness.....................                   ..................5
ii. The Essence of Humanness.....................................6
B. Modern Views on Power...........................................7
C. Essentialism, Power, & Personal Identity..............................8
D   Identity Politics & Essentialism.....................................10
III. FITTING INTO IDENTITY POLITICS THROUGH ESSENTIALISM:
WHAT'S LOVE GOT ToDo WITH IT?..........................................11
IV. CONCLUSION..............................................................13
*Rainier Elias, J.D. The University of Idaho College of Law. I would like to dedicate this article to my family and
friends, who have stayed by me through the best and the worst days of my life. Especially, I would like to mention
my mom, Marcia Gary, and my partner, Eric Nickelson, for I would be nothing without them. I would also like to
thank Professors Annemarie Bridy, Elizabeth Brandt, and Michael Satz, who helped me understand the concepts
discussed here. Lastly, I would like to thank the crit, an incredible journal of change for students, practitioners, and
academics.
The crit: a critical legal studies journal
Vol. 6, no. 1

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