Leong uses three readings of the term „enjoy“: a textual reading, a contextual reading, and a topic-specific reading. Textual reading is based on dictionary definitions at the time of the adoption of § 1981 and 1982 to enjoy as „pleasure or satisfaction in possession or experience of“ or „possess with satisfaction; to take the pleasure or pleasure of possession, or to use possession with satisfaction; to keep or occupy, as a good or profitable thing or as something worth looking for. First, Leong argues that the term „white citizens“ should be understood in a socio-legal context. In particular, Leong examines (citing the work of Brant Lee) how the „standard person“ – whether in legal, educational or economic contexts – is always assumed to be white, and how whiteness then becomes the standard standard by which all experiences are judged. In management, Joy`s Law is the principle that „no matter who you are, most of the smartest people work for someone else,“ attributed to Sun Microsystems co-founder Bill Joy. [1] Joy was prompted to make this observation by her aversion to Bill Gates` view of „Microsoft as an IQ monopoly.“ Instead, he argued, „it`s best to create an ecology that gets all the smartest people in the world to work in your garden to achieve your goals. If you rely solely on your own employees, you will never meet all of your customers` needs. [2] The heart of this principle is the definition of smart in the context of the quote. Smart „refers to skills, but not the willingness to work for someone.“ Also, „Just because you`re smart for one company doesn`t make you smart for another.“ Richard Pettinger, Director of Enterprise Information Management, UCL [3] The law highlights a major problem facing many modern businesses, „that in a given field of activity, most of the relevant knowledge lies outside the confines of an organisation, and the central challenge is to find ways to access that knowledge“. [1] With this definition, the term „enjoyment“ could be interpreted narrowly or broadly. In a narrow interpretation, the term „enjoy“ means that non-white people should have the same right to use their property as white people. In a broader interpretation, the term „enjoy“ means that non-white people should be able to have „pleasure and satisfaction“ in using their property rights in the same way as white people.
Consequently, paragraphs 1981 and 1982 are characterised by the use of the concept of `white citizens`. While § 1981 and § 1982 encouraged the granting of civil rights to newly liberated blacks, the specific language of „white citizens“ was included to address concerns about federalism. In computer science, the same Bill Joy developed a simple mathematical function concerning the increase in the speed of the microprocessor over time,[4] also known as Joy`s law. This standard standard of whiteness, Leong continues, coagulates into white privilege because it obscures both the ways in which whites are privileged in social, political, and economic contexts, and the ways in which people of color can be hurt by this white privilege. Middle English, from Anglo-French joy, from Latin gaudia, plural of gaudium, from gaudÄre to rejoice; Probably similar to the Greek gÄthein to rejoice in the 14th century, in the sense defined in the intransitive sense, Leong accomplishes this task by examining the meaning of two key terms in § 1981 and § 1982 – „white citizen“ and „enjoy“ – and how these terms should shape remedial legislation to deal with longstanding civil rights violations. This article, rich in many ways, is an important addition to a growing number of scholars seeking to revive and rethink the moment represented by Reconstruction amendments, including the 13th Amendment. Leong`s consideration of the term „pleasure“ brings significant benefits. Their interpretation of the term „enjoy“ combines statutory interpretation, constitutional interpretation and common law interpretation. Understanding the term „pleasure“ through different interpretive strategies deepens its relationship to the types of discriminatory harms that can harm non-white people, including the ability to enjoy food, fashion, mobility, and home. Leong`s scholarship here can help solve the ongoing discriminatory damages that have plagued the sharing economy. Moreover, a broad interpretation of enjoyment explicitly combines notions of civil rights with central common law principles such as the right of use. As Leong notes, „While the proposed law only required non-white people to have the same rights as white people in a particular jurisdiction, it did not require states and other places to adopt a certain level of substantive rights.
It simply meant that everyone should have the same rights. The primacy of federalism in shaping the legislative history of the term „white citizens“ suggests that its inclusion was not intended to alter the standard norm of whiteness. Nancy Leong, Enjoyn by White Citizens, 108 Geo. L. J. __ (forthcoming, 2021), available from SSRN. Save my name, email address, and website in this browser for the next time I comment. Eric von Hippel, professor of technological innovation at the MIT Sloan School of Management, is known in part for his principle that knowledge is „sticky.“ [7] This illustrates the difficulty of transporting knowledge from one place to another. Viscosity is defined as the cost required to „transfer a unit of information to a specific location in a form that can be used by a particular information seeker.
If these costs are low, the adherence of the information is low. If it is high, the adhesion is high. [8] „When Joy says that most smart people work for someone else, it`s not because companies hire stupid people. It`s not because the employees of a particular company aren`t smart. It`s because of the nature of knowledge – it`s hard to get. It is unevenly distributed and sticky. [5] The standard norm of whiteness appears everywhere – in curriculum choices imposed in secondary and post-secondary contexts, rigid fashion norms, such as the standard dress size tied to the base sizes of white women, or how professional identities are defined in relation to the unspoken standard norm (i.e., „writers“ vs. „black writers“). Why didn`t we talk about the 13th Amendment and supporting legislation § 1981 and 1982 of the Civil Rights Act of 1866, which granted property rights to exempt blacks? What did it mean in these laws that everyone should have the „same right“ to property as „white citizens“? Friedrich Hayek, an economist and philosopher known for his defense of classical liberalism, noted that „knowledge is unevenly distributed.“ [5] The „knowledge“ to which Hayek refers is the knowledge possessed by the „most intelligent people“ in the Law of Joy. Hayek argues that the problem with a rational economic order is that the knowledge we want to grasp never exists in a „concentrated or integrated form, but only as the scattered parts of incomplete and often contradictory knowledge possessed by all individuals.“ [6] In other words, it is impossible to aggregate all existing knowledge.
This explains why Joy is right when she says that „most of the smartest people work for someone else.“ In addition, in addition to his important claims about the meaning of the term „white citizens,“ Leong promotes an important reading of the term „enjoy,“ which may have important implications for property and contract law. I remember being confused about how the average price of a 1L property handled the „significant“ property provisions. I was amazed that we spent all our time with the 5th Amendment clause requiring government compensation for the government`s „expropriation“ of private property. But we did not report on the 13th Amendment, which eliminated slavery and thus affected the property rights of (mostly) white citizens. The parable sets the tone for one of Mansfield`s best-known stories, Bliss. The comparison of angel visits was just as effectively associated with goodness and fame. Leong`s treatment of the term „white citizens“ in §1981 and §1982 is helpful in two ways. First, Leong situates the absence of whiteness in federal and state law. Second, Leong points out that while the clear meaning of the text could be interpreted as directly confronting the white norm norm, its actual legislative history suggests a more complicated and compromised view of citizenship during reconstruction.
