Response to Commentators, 88 California Law Review 119 (2000)
Academic life contains few pleasures more intense than writing for
an audience as astute and as generous as the four commentators to my
Brennan Lecture. As this Response demonstrates, I have learned much
from them, particularly regarding the logical relationship between the
dominant conception and the sociological account. What I chiefly wish to
stress, however, is my deepest gratitude for their constructive and discerning
Tom Grey, for example, makes an excellent and useful point about the
potential tension between the rule of law and what I call in my Lecture the
"sociological approach."' Grey is entirely correct to stress that the insights
yielded by a sociological apprehension of antidiscrimination law could
encourage overly ad hoe and contextualized judgments, which the internal
morality of the law ought properly to resist.
Date of Authorship for this Version
Post, Robert C., "Response to Commentators" (2000). Faculty Scholarship Series. Paper 4834.