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Duncan Kennedy treats this topic on pp. 72-75, in his explanation of the student response to hierarchy.

Explain why "hierarchy cannot be a matter merely of public as opposed to private life. (At p. 73)

Select the best answer on : (At p.74.)

1. Race and gender effects increase the oppressive reality of hierarchy.

2. Hierarchy is not necessarily oppressive.

   True. Hierarchy in and of itself is not necessarily oppressive, but like power generally it invites abuse. The abuse of hierarchy is oppressive. Note that Duncan Kennedy is describing the system of law as a system in which the hierarchy is abusive.

3. People, according to Duncan Kennedy, seem more likely to deny the existence of hierarchy and to show some real evidence that they are sincere within their own social context, when they are in positions of power. (At p. 74.)

   True. When teaching status and class, we often point out that the nuances of status and class difference are far more evident to you in those groups that are nearest to you in class. The upper class sees more differentiation in upper class positions than do people in the lower class. Proximity means that we see more. Also, proximity means that we are likely to consider these smaller differences "natural," "as they are meant to be." People in the upper levels have the status of belonging to the upper level, so that they can more easily afford not to differentiate.

   A school, like the UC Santa Cruz, that admits only students who are top ranked can afford more readily to drop grades and status ranking than can a school that has open door admissions.

4. Upper class white men, professors at Harvard, still feel the effects of oppression. (At p. 74)

   True, both in that the hierarchy works on the trickle down principle, and there is always someone above you. Also true in the sense that the oppressor suffers as much from oppression as the oppressed.

5. All of the above.