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Author: Patricia Tuitt Publisher: Taylor & Francis ISBN: 1135311382 Category : Law Languages : en Pages : 240
Book Description
Race, Law, Resistance is an original and important contribution to current theoretical debates on race and law. The central claims are that racial oppression has profoundly influenced the development of legal doctrine and that the production of subjugated figures like the slave and the refugee has been fundamental to the development of legal categories such as contract and tort. Drawing on examples from the UK and US legal systems in particular, this book employs a wide range of theoretical and disciplinary perspectives to explore resistance to racial dominance in modernity. In particular, it highlights the main tenets and distinctive scholarly forms of critical theories on race and law. Race, Law, Resistance will be of interest to academics and students following courses on critical race theory, law and postcolonialism, discrimination law, legal theory, legal systems, the law of obligations, comparative legal cultures, law and literature, and human rights.
Author: Patricia Tuitt Publisher: Taylor & Francis ISBN: 1135311382 Category : Law Languages : en Pages : 240
Book Description
Race, Law, Resistance is an original and important contribution to current theoretical debates on race and law. The central claims are that racial oppression has profoundly influenced the development of legal doctrine and that the production of subjugated figures like the slave and the refugee has been fundamental to the development of legal categories such as contract and tort. Drawing on examples from the UK and US legal systems in particular, this book employs a wide range of theoretical and disciplinary perspectives to explore resistance to racial dominance in modernity. In particular, it highlights the main tenets and distinctive scholarly forms of critical theories on race and law. Race, Law, Resistance will be of interest to academics and students following courses on critical race theory, law and postcolonialism, discrimination law, legal theory, legal systems, the law of obligations, comparative legal cultures, law and literature, and human rights.
Author: Patricia Tuitt Publisher: Routledge ISBN: 1135311374 Category : Law Languages : en Pages : 194
Book Description
Race, Law, Resistance is an original and important contribution to current theoretical debates on race and law. The central claims are that racial oppression has profoundly influenced the development of legal doctrine and that the production of subjugated figures like the slave and the refugee has been fundamental to the development of legal categories such as contract and tort. Drawing on examples from the UK and US legal systems in particular, this book employs a wide range of theoretical and disciplinary perspectives to explore resistance to racial dominance in modernity. In particular, it highlights the main tenets and distinctive scholarly forms of critical theories on race and law. Race, Law, Resistance will be of interest to academics and students following courses on critical race theory, law and postcolonialism, discrimination law, legal theory, legal systems, the law of obligations, comparative legal cultures, law and literature, and human rights.
Author: Timothy Joseph Golden Publisher: SUNY Press ISBN: 1438485980 Category : Social Science Languages : en Pages : 376
Book Description
African American legal theorist Derrick Bell argued that American anti-Black racism is permanent but that we are nevertheless morally obligated to resist it. Bell—an extraordinary legal scholar, activist, and public intellectual whose academic and political work included his employment as a young attorney with the NAACP and his pivotal role in the founding of Critical Race Theory in the 1970s, work he pursued until he died in 2011—termed this thesis “racial realism.” Racism and Resistance is a collection of essays that present a multidisciplinary study of Bell's thesis. Scholars in philosophy, law, theology, and rhetoric employ various methods to present original interpretations of Bell's racial realism, including critical reflections on racial realism’s relationship to theories of adjudication in jurisprudence; its use of fiction in relation to law, literature, and politics; its under-examined relationship to theology; its application in interpersonal relationships; and its place in the overall evolution of Bell’s thought. Racism and Resistance thus presents novel interpretations of Bell’s racial realism and enhances the literature on Critical Race Theory accordingly.
Author: Mary Frances Berry Publisher: Penguin ISBN: 1101650850 Category : Political Science Languages : en Pages : 336
Book Description
How the government has used the Constitution to deny black Americans their legal rights From the arrival of the first twenty slaves in Jamestown to the Howard Beach Incident of 1986, Yusef Hawkins, and Rodney King, federal law enforcement has pleaded lack of authority against white violence while endorsing surveillance of black rebels and using “constitutional” military force against them. In this groundbreaking study, constitutional scholar Mary Frances Berry analyzes the reasons why millions of African Americans whose lives have improved enormously, both socially and economically, are still at risk of police abuse and largely unprotected from bias crimes.
Author: Tina G Patel Publisher: SAGE ISBN: 1446292525 Category : Social Science Languages : en Pages : 210
Book Description
In a post-Macpherson, post-9/11 world, criminal justice agencies are adapting their responses to criminal behaviour across diverse ethnic groups. Race, Crime and Resistance draws on contemporary theory and a range of case studies to consider racial inequalities within the criminal justice system and related organisations. Exploring the mechanisms of discrimination and exclusion, the book goes beyond superficial assumptions to examine the ensuing processes of mobilisation and resistance across disadvantaged groups. Empirically grounded and theoretically informed, the book critically unpicks the persisting concepts of race and ethnicity in the perceptions and representations of crime. Articulate and sensitive, the book clarifies complex ideas through the use of chapter summaries, case studies, further reading and study questions. It is essential reading for students and scholars of criminology, race and ethnicity, and sociology.
Author: Kirsten Fischer Publisher: Cornell University Press ISBN: 9780801438226 Category : History Languages : en Pages : 296
Book Description
Over the course of the eighteenth century, race came to seem as corporeal as sex. Kirsten Fischer has mined unpublished court records and travel literature from colonial North Carolina to reveal how early notions of racial difference were shaped by illicit sexual relationships and the sanctions imposed on those who conducted them. Fischer shows how the personal and yet often very public sexual lives of Native American, African American, and European American women and men contributed to the new racial order in this developing slave society. Liaisons between European men and native women, among white and black servants, and between servants and masters, as well as sexual slander among whites and acts of sexualized violence against slaves, were debated, denied, and recorded in the courtrooms of colonial North Carolina. Indentured servants, slaves, Cherokee and Catawba women, and other members of less privileged groups sometimes resisted colonial norms, making sexual choices that irritated neighbors, juries, and magistrates and resulted in legal penalties and other acts of retribution. The sexual practices of ordinary people vividly bring to light the little-known but significant ways in which notions of racial difference were alternately contested and affirmed before the American Revolution.Fischer makes an innovative contribution to the history of race, class, and gender in early America by uncovering a detailed record of illicit sexual exchanges in colonial North Carolina and showing how acts of resistance to sexual rules complicated ideas about inherent racial difference."
Author: Matthew Clair Publisher: Princeton University Press ISBN: 069123387X Category : Social Science Languages : en Pages : 320
Book Description
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Author: Karen S. Glover Publisher: Rowman & Littlefield Publishers ISBN: 0742599647 Category : Social Science Languages : en Pages : 185
Book Description
Karen S. Glover investigates the social science practices of racial profiling inquiry, examining their key influence in shaping public understandings of race, law, and law enforcement. Commonly manifesting in the traffic stop, the association with racial minority status and criminality challenges the fundamental principle of equal justice under the law as described in the U.S. Constitution. Communities of color have long voiced resistance to racialized law and law enforcement, yet the body of knowledge about racial profiling rarely engages these voices. Applying a critical race framework, Glover provides in-depth interview data and analysis that demonstrate the broad social and legal realms of citizenship that are inherent to the racial profiling phenomenon. To demonstrate the often subtle workings of race and the law in the post-Civil Rights era, the book includes examination of the 1996 U.S. Supreme Court's Whren decision-a judicial pronouncement that allows pretextual action by law enforcement and thus widens law enforcement powers in decisions concerning when and against whom law is applied.
Author: Toyin Falola Publisher: Routledge ISBN: 1134849540 Category : Social Science Languages : en Pages : 270
Book Description
Africans and their descendants have long been faced with abuse of their human rights, most frequently due to racism or racialized issues. Consequently, understanding shifting conceptualizations of race and identity is essential to understanding how people of color confronted these encounters. This book addresses these issues and their connections to social justice, discrimination, and equality movements. From colonial abuses or their legacies, black people around the world have historically encountered discrimination, and yet they do not experience injustice opaquely. The chapters in this book explore and clarify how Africans, and their descendants, struggled to achieve agency despite long histories of discrimination. Contributors draw upon a range of case studies related to resistance, and examine these in conjunction with human rights and the concept of race to provide a thorough exploration of the diasporic experience. Human Rights, Race, and Resistance in Africa and the African Diaspora will appeal to students and scholars of Ethnic and Racial Studies, African History, and Diaspora Studies.
Author: David John Mays Publisher: University of Georgia Press ISBN: 0820330256 Category : History Languages : en Pages : 333
Book Description
These private writings by a prominent white southern lawyer offer insight into his state’s embrace of massive white resistance following the 1954 Brown v. Board of Education ruling. David J. Mays of Richmond, Virginia, was a highly regarded attorney, a Pulitzer Prize-winning biographer, and a member of his city’s political and social elite. He was also a diarist for most of his adult life. This volume comprises diary excerpts from the years 1954 to 1959. For much of this time Mays was counsel to the commission, chaired by state senator Garland Gray, that was charged with formulating Virginia’s response to federal mandates concerning the integration of public schools. Later, Mays was involved in litigation triggered by that response. Mays chronicled the state’s bitter and divisive shift away from the Gray Commission’s proposal that school integration questions be settled at the local level. Instead, Virginia’s arch-segregationists, led by U.S. senator Harry F. Byrd, championed a monolithic defiance of integration at the highest state and federal levels. Many leading Virginians of the time appear in Mays’s diary, along with details of their roles in the battle against desegregation as it was fought in the media, courts, polls, and government back rooms. Mays’s own racial attitudes were hardly progressive; yet his temperament and legal training put a relatively moderate public face on them. As James R. Sweeney notes, Mays’s differences with extremists were about means more than ends--about “not the morality of Jim Crow but the best tactics for defending it.”
Author: Patricia Tuitt
Author: Patricia Tuitt
Author: Patricia Tuitt
Author: Timothy Joseph Golden
Author: Mary Frances Berry
Author: Tina G Patel
Author: Kirsten Fischer
Author: Matthew Clair
Author: Karen S. Glover
Author: Toyin Falola
Author: David John Mays