Residence, Democracy, and Substantive Justice: Toward an Integrative Approach

ABSTRACT Three sociological theories are presented (Labeling Theory, Marxist Theory, and Conflict Theory) as a means of contextualizing the effects of residential segregation. Borrowing from the works of two legal-constitutional scholars, John Hart Ely ([1980]. Democracy and distrust: A theory of judicial review. Harvard University Press.) and Ronald Dworkin ([1978]. Taking rights seriously. Harvard University Press.), an attempt is made to integrate sociological and legal theories in explaining the historical antecedents of residential segregation in a democratic society. The basic questions posed are: What role has the legal system played in residential segregation in the United States? How can sociological and legal theories help illuminate the condition? Synthesizing sociological and legal theories that have complementary features may provide deeper insights into the complex nature of residential segregation in contemporary society.