Human Nature. A Feasible Benchmark for Discussing the Legal Approach to Old and New Forms of Discrimination?

The author argues against the attempt to fix once and for all the features and prerogatives that would constitute Human Nature as an all-embracing concept. On the basis of a targeted approach to the concept of discrimination, she examines a concept widely believed to be clear: that of human nature. This concept has played, and still plays, a significant role in enabling law to counteract discrimination. If we are to understand the impacts this concept has on law, we will need to clarify its meaning and nature, and ultimately its relation to law. The argument is made that it is misguided to ground law in this concept, especially as that would carry the risk of preventing law from reflecting the natural and sociocultural differences among individuals.