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The Injustice of Appearance
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Journal Article
The Injustice of Appearance
2009
Overview
\"It hurts to be beautiful\" is a cliche I grew up with. \"It hurts not to be beautiful\" is a truth I acquired on my own. But not until finishing the research that led to this Article did I begin to grasp the cumulative cost of our cultural preoccupation with appearance. Over a century ago, Charles Darwin concluded that when it came to beauty, \"[n]o excuse is needed for treating the subject in some detail.\" That is even truer today; our global investment in appearance totals over $200 billion a year. Yet when it comes to discrimination based on appearance, an excuse for discussion does seem necessary, particularly for a legal scholar. Given all the serious problems confronting women-rape, domestic violence, poverty, child care, unequal pay, violations of international human rights-why focus on looks? Most people believe that bias based on beauty is inconsequential, inevitable, or unobjectionable.This Article, by contrast, argues that discrimination based on appearance is a significant form of injustice, and one that the law should remedy.
