Epstein on His Own Grounds

Authors

Richard H. McAdams

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

http://id.loc.gov/authorities/names/no2004017448.html

Document Type

Article

Abstract

This Article criticizes Richard Epstein's thesis in his book Forbidden Grounds: The Case against Employment Discrimination. The Article argues that Epstein fails to follow through on his own terms. The author expresses disagreement with Epstein's invocation of Thomas Hobbes without considering the Hobbesian argument for Title VII. Mr. McAdams also notes that Epstein relies on economic analysis without disclosing its dependence on controversial empirical assumptions. The author uncovers Epstein's other inconsistencies: his empirical claims, particularly about social norms, where Epstein does not apply the standards of criticism to supporting evidence that he applies to contrary evidence.

Recommended Citation

Richard H. McAdams, Epstein on His Own Grounds, 31 San Diego L. Rev. 241 (1994).
Available at: https://digital.sandiego.edu/sdlr/vol31/iss1/12