Take objections to anti-discrimination law seriously? For a spatial and consequentialist theory of anti-discrimination law

This paper revisits a polemical 1957 paper written by Hannah Arendt after the Little Rock events, in which she reflects on the power of the law in the face of discrimination and prejudice. It asks whether some criticisms of ADL should be taken seriously if it is to be strengthened as a legal tool and pursued as a political project. The paper claims that some theoretical underpinnings of ADL can be strengthened and suggests that it should in particular incorporate both a spatial and a consequentialist dimension. It uses European legal references and developments comparatively to ask two main questions: does ADL equally manage to regulate difference social spaces (the spatial dimension)? Does ADL succeed in taken into account the standpoint of those it seeks to protect (the consequentialist dimension)?