Race In The Shadow Of Law
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Author | : Eddie Bruce-Jones |
Publisher | : Routledge |
Total Pages | : 202 |
Release | : 2016-12-01 |
Genre | : Law |
ISBN | : 1317233271 |
Race in the Shadow of Law offers a critical legal analysis of European responses to institutional racism. It draws connections between contemporary legal knowledge practices and colonial systems of thought, arguing that many people of colour experience the law as a part of a racial problem, rather than a solution, to racial injustice. Based on a critical legal ethnography of anti-racism work in Europe, and with an emphasis on the German context, the book positions Black and anti-racist perspectives at the centre, rather than the margins, of critically thinking through the intersection of race and law. Combining this ethnography with comparative legal analysis, discourse analysis and critical race theory, the book develops a critical discussion of the European legal frameworks aimed at regulating racism, and particularly institutional racism, in policy and policing. In linking this critique to the transformative potential of social movements, however, it goes on to examine the strategic and creative possibility of disrupting conventional modes of engaging, and resisting, law.
Author | : Robert J. Cottrol |
Publisher | : University of Georgia Press |
Total Pages | : 388 |
Release | : 2013-02-01 |
Genre | : Law |
ISBN | : 0820344761 |
Students of American history know of the law’s critical role in systematizing a racial hierarchy in the United States. Showing that this history is best appreciated in a comparative perspective, The Long, Lingering Shadow looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. Robert J. Cottrol takes the reader on a journey from the origins of New World slavery in colonial Latin America to current debates and litigation over affirmative action in Brazil and the United States, as well as contemporary struggles against racial discrimination and Afro-Latin invisibility in the Spanish-speaking nations of the hemisphere. Ranging across such topics as slavery, emancipation, scientific racism, immigration policies, racial classifications, and legal processes, Cottrol unravels a complex odyssey. By the eve of the Civil War, the U.S. slave system was rooted in a legal and cultural foundation of racial exclusion unmatched in the Western Hemisphere. That system’s legacy was later echoed in Jim Crow, the practice of legally mandated segregation. Jim Crow in turn caused leading Latin Americans to regard their nations as models of racial equality because their laws did not mandate racial discrimination— a belief that masked very real patterns of racism throughout the Americas. And yet, Cottrol says, if the United States has had a history of more-rigid racial exclusion, since the Second World War it has also had a more thorough civil rights revolution, with significant legal victories over racial discrimination. Cottrol explores this remarkable transformation and shows how it is now inspiring civil rights activists throughout the Americas.
Author | : Zoltán Búzás |
Publisher | : University of Pennsylvania Press |
Total Pages | : 329 |
Release | : 2021-01-01 |
Genre | : Political Science |
ISBN | : 0812297687 |
How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.
Author | : Spencer Dew |
Publisher | : University of Chicago Press |
Total Pages | : 251 |
Release | : 2019-08-20 |
Genre | : Religion |
ISBN | : 022664801X |
“Citizenship is salvation,” preached Noble Drew Ali, leader of the Moorish Science Temple of America in the early twentieth century. Ali’s message was an aspirational call for black Americans to undertake a struggle for recognition from the state, one that would both ensure protection for all Americans through rights guaranteed by the law and correct the unjust implementation of law that prevailed in the racially segregated United States. Ali and his followers took on this mission of citizenship as a religious calling, working to carve out a place for themselves in American democracy and to bring about a society that lived up to what they considered the sacred purpose of the law. In The Aliites, Spencer Dew traces the history and impact of Ali’s radical fusion of law and faith. Dew uncovers the influence of Ali’s teachings, including the many movements they inspired. As Dew shows, Ali’s teachings demonstrate an implicit yet critical component of the American approach to law: that it should express our highest ideals for society, even if it is rarely perfect in practice. Examining this robustly creative yet largely overlooked lineage of African American religious thought, Dew provides a window onto religion, race, citizenship, and law in America.
Author | : Leslie M. Harris |
Publisher | : University of Chicago Press |
Total Pages | : 396 |
Release | : 2023-11-29 |
Genre | : Social Science |
ISBN | : 0226824861 |
A new edition of a classic work revealing the little-known history of African Americans in New York City before Emancipation. The popular understanding of the history of slavery in America almost entirely ignores the institution’s extensive reach in the North. But the cities of the North were built by—and became the home of—tens of thousands of enslaved African Americans, many of whom would continue to live there as free people after Emancipation. In the Shadow of Slavery reveals the history of African Americans in the nation’s largest metropolis, New York City. Leslie M. Harris draws on travel accounts, autobiographies, newspapers, literature, and organizational records to extend prior studies of racial discrimination. She traces the undeniable impact of African Americans on class distinctions, politics, and community formation by offering vivid portraits of the lives and aspirations of countless black New Yorkers. This new edition includes an afterword by the author addressing subsequent research and the ongoing arguments over how slavery and its legacy should be taught, memorialized, and acknowledged by governments.
Author | : Kermit Roosevelt |
Publisher | : Macmillan |
Total Pages | : 468 |
Release | : 2006-06-13 |
Genre | : Fiction |
ISBN | : 9780312425883 |
In this complex, ambitious, and gripping first novel, Roosevelt vividly illustrates the subtle and stark effects of the law on the lives not only of a group of lawyers, but also on communities and private citizens.
Author | : Richard A. Paschal |
Publisher | : |
Total Pages | : |
Release | : 2020-10 |
Genre | : |
ISBN | : 9781531017712 |
Author | : George Rutherglen |
Publisher | : Oxford University Press, USA |
Total Pages | : 225 |
Release | : 2013-01-17 |
Genre | : History |
ISBN | : 0199739706 |
The author begins with the birth of civil rights - the circumstances, acts and legacy of the 39th Congress, constitutional origins, passage and structure of the Act, moves through the Fourteenth Amendment and into restrictive interpretations and quiescent years, and finishes with a chapter on discerning the future from the past and the contemporary significance of the Act.
Author | : Laura E. Gómez |
Publisher | : The New Press |
Total Pages | : 137 |
Release | : 2022-09-06 |
Genre | : Social Science |
ISBN | : 1620977664 |
Named one of the Best Books of the Year by NPR An NPR Best Book of the Year, exploring the impact of Latinos’ new collective racial identity on the way Americans understand race, with a new afterword by the author Who are Latinos and where do they fit in America’s racial order? In this “timely and important examination of Latinx identity” (Ms.), Laura E. Gómez, a leading critical race scholar, argues that it is only recently that Mexican Americans, Puerto Ricans, Cubans, Dominicans, Central Americans, and others are seeing themselves (and being seen by others) under the banner of a cohesive racial identity. And the catalyst for this emergent identity, she argues, has been the ferocity of anti-Latino racism. In what Booklist calls “an incisive study of history, complex interrogation of racial construction, and sophisticated legal argument,” Gómez “packs a knockout punch” (Publishers Weekly), illuminating for readers the fascinating race-making, unmaking, and re-making processes that Latinos have undergone over time, indelibly changing the way race functions in this country. Building on the “insightful and well-researched” (Kirkus Reviews) material of the original, the paperback features a new afterword in which the author analyzes results of the 2020 Census, providing brilliant, timely insight about how Latinos have come to self-identify.
Author | : Sherrilyn Ifill |
Publisher | : Beacon Press |
Total Pages | : 257 |
Release | : 2007-02-15 |
Genre | : Social Science |
ISBN | : 0807009903 |
Nearly 5,000 black Americans were lynched between 1890 and 1960. Over forty years later, Sherrilyn Ifill's On the Courthouse Lawn examines the numerous ways that this racial trauma still resounds across the United States. While the lynchings and their immediate aftermath were devastating, the little-known contemporary consequences, such as the marginalization of political and economic development for black Americans, are equally pernicious. On the Courthouse Lawn investigates how the lynchings implicated average white citizens, some of whom actively participated in the violence while many others witnessed the lynchings but did nothing to stop them. Ifill observes that this history of complicity has become embedded in the social and cultural fabric of local communities, who either supported, condoned, or ignored the violence. She traces the lingering effects of two lynchings in Maryland to illustrate how ubiquitous this history is and issues a clarion call for American communities with histories of racial violence to be proactive in facing this legacy today. Inspired by South Africa's Truth and Reconciliation Commission, as well as by techniques of restorative justice, Ifill provides concrete ideas to help communities heal, including placing gravestones on the unmarked burial sites of lynching victims, issuing public apologies, establishing mandatory school programs on the local history of lynching, financially compensating those whose family homes or businesses were destroyed in the aftermath of lynching, and creating commemorative public spaces. Because the contemporary effects of racial violence are experienced most intensely in local communities, Ifill argues that reconciliation and reparation efforts must also be locally based in order to bring both black and white Americans together in an efficacious dialogue. A landmark book, On the Courthouse Lawn is a much-needed and urgent road map for communities finally confronting lynching's long shadow by embracing pragmatic reconciliation and reparation efforts.