In A Word

11 Pages Posted: 9 Oct 2011 Last revised: 5 May 2015

Date Written: October 8, 2011

Abstract

There are words that we use very comfortably, words like power, law, democracy, and sovereignty. All of these words resonate, probably because they invoke a common heritage, culture, aspiration or even mythology. All of these words are certainly familiar, which suggests that we know what they mean. But the meanings of most if not all of these words are uncertain and contested. Equality, like other resonant words, does not have a single definition. But not having a single definition is vastly different from saying that these resonant words cannot or do not have a precise meaning, one that varies from context to context. My purpose in writing this essay, therefore, is to explore very briefly what can and does happen when we do not think carefully about the words we use so comfortably. My central argument is that precision in the words we use matters, because using these resonant words has real life repercussions that the user either may not intend or for which she may ultimately be held accountable. The essay therefore examines equality in two contexts, specifically, in the context of the American civil rights movement and the same-sex marriage movement, to illustrate the adverse consequences that can arise from the unguarded use of resonant words. Notwithstanding these possible pitfalls, the essay closes on a cautiously optimistic note. If we are intentional and conscious about the resonant words we use and how we use them, at worst, we may be able to avoid some unintended consequences or at least decide for ourselves up front if we want to bear the costs associated with their use. At best, we may be able to frame (or help frame) the debate(s) over issues that concern us all.

Keywords: Legal theory, social theory, frames, framing, equality, civil rights, equal opportunity, same-sex marriage, agency

Suggested Citation

Hart, Danielle Kie, In A Word (October 8, 2011). Southwestern University Law Review, 2012, Available at SSRN: https://ssrn.com/abstract=1941052

Danielle Kie Hart (Contact Author)

Southwestern Law School ( email )

3050 Wilshire Blvd.
Los Angeles, CA 90010
United States

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