We develop an evidence-based theoretical account of how widely shared cultural beliefs about gender, race, and class intersect in interpersonal and other social relational contexts in the United States to create characteristic cultural "binds" and freedoms for actors in those contexts. We treat gender, race, and class as systems of inequality that are culturally constructed as distinct but implicitly overlap through their defining beliefs, which reflect the perspectives of dominant groups in society. We cite evidence for the contextually contingent interactional "binds" and freedoms this creates for people such as Asian men, Black women, and poor whites who are not prototypical of images embedded in cultural gender, race, and class beliefs. All forms of unprototypicality create "binds," but freedoms result from being unprototypical of disadvantaging rather than advantaging statuses.An important but difficult challenge facing contemporary gender scholars lies in specifying how the system of macro-, meso-, and microlevel social processes that jointly create gender inequality systematically intersect with those that produce inequality based on race and social class (Collins 1990;Glenn 1999). In this article, we address a modest part of this complex problem. We consider how widely shared cultural beliefs
Recent studies have documented substantial penalties associated with motherhood and suggest that discrimination plays an important role in producing them. In this article, I argue that the degree to which motherhood is conceptualized as a choice affects the penalties associated with making this choice. Two methods are employed to evaluate this argument. The first method is an analysis of state differences in the wage penalties for motherhood, in which hierarchical linear modeling is used with data from the 1988–2004 Current Population Survey. The second method is a hiring experiment in a highly controlled setting. The wage analysis shows that, net of the usual individual and state‐level factors that affect wages, mothers are penalized more in states where motherhood is perceived to be a woman's choice. The hiring experiment distinguishes between productivity‐based and discrimination‐based explanations for the penalty and provides strong evidence for a causal relationship between perceptions of choice and discrimination against mothers.
Do perceptions of controllability and choice affect the nature and magnitude of discrimination? Many groups of people, who hold seemingly controllable devalued traits, including gay men, the obese, and mothers, are discriminated against both in the labor force and in other areas of life. In this article, I show that perceptions of choice and controllability generate discrimination against individuals with seemingly controllable stigmatized traits. I use a hiring experiment in a highly controlled setting to assess this argument. The results provide strong evidence for a causal relationship between perceptions of choice and labor‐force‐type discrimination against gay men, obese men, and mothers. When the traits were presented as voluntary, gay men, obese men, and mothers were penalized when compared to their equally qualified counterparts in terms of hiring, salary recommendations, and competence evaluations.
There is a widespread view that one does either theory or empirical work, and that theory and empiricism represent distant concerns, opposing worldviews, and perhaps distinct mentalities or personalities. This prevalent view has deep roots and is also the result of pragmatic and understandable tendencies toward division of intellectual labor. Against this view, this essay suggests that the relations between theory and empirical study ought to be understood as more intimate and that making legal theory an explicit focus can improve empirical scholarship. We pursue this claim by articulating a basis for legal theory and by showing how that basis illuminates both the application and design of empirical research on law. Legal theory, we argue, follows jurisprudence in interrogating the law as a set of coercive normative institutions. The upshot of this approach is a recognition that an interdisciplinary analysis of law must rely on both a theory (explicit or implicit) of the way law's power and its normativity align and an account of the way in which this discursive cohabitation manifests itself institutionally. We thus argue that legal theory is necessary in order to draw fruitfully on empirical research and further claim that legal theory provides guidance both for setting up an empirical research agenda on law and for designing research into specific topics.
We provide experimental evidence for the existence of “rent stigma,” a preference for owning goods or real estate to renting them. In one experiment, anonymous respondents preferred owning a car or house to renting them, even though the transaction was constructed to be identical in each case in terms of economic payoffs and risk. In a second experiment, a survey of law students who were asked how much they would pay to own rather than rent a laptop found similar results. However, we found little or no evidence for our hypotheses that rent stigma would decline in conditions in which the advantages of renting were made salient. The existence of rent stigma raises concerns that the framing of a transaction in terms of purchasing rather than rent may be used to manipulate consumers.
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