Race In The Shadow Of Law

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Race in the Shadow of Law

Author : Eddie Bruce-Jones
Publisher : Taylor & Francis
Page : 196 pages
File Size : 55,7 Mb
Release : 2016-12-01
Category : Law
ISBN : 9781317233282

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Race in the Shadow of Law by Eddie Bruce-Jones Pdf

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.

Race in the Shadow of Law

Author : Eddie Bruce-Jones
Publisher : Routledge
Page : 202 pages
File Size : 54,5 Mb
Release : 2016-12-01
Category : Law
ISBN : 9781317233275

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Race in the Shadow of Law by Eddie Bruce-Jones Pdf

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.

The Long, Lingering Shadow

Author : Robert J. Cottrol
Publisher : University of Georgia Press
Page : 388 pages
File Size : 41,6 Mb
Release : 2013-02-01
Category : Law
ISBN : 9780820344768

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The Long, Lingering Shadow by Robert J. Cottrol Pdf

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.

Evading International Norms

Author : Zoltan Buzas
Publisher : University of Pennsylvania Press
Page : 328 pages
File Size : 54,6 Mb
Release : 2021-01-01
Category : Political Science
ISBN : 9780812252699

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Evading International Norms by Zoltan Buzas Pdf

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.

The Alchemy of Race and Rights

Author : Patricia J. Williams
Publisher : Harvard University Press
Page : 276 pages
File Size : 55,9 Mb
Release : 1991
Category : Biography & Autobiography
ISBN : 0674014715

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The Alchemy of Race and Rights by Patricia J. Williams Pdf

Diary of a law professor.

Evading International Norms

Author : Zoltan Buzas
Publisher : University of Pennsylvania Press
Page : 328 pages
File Size : 50,6 Mb
Release : 2021-01-01
Category : Political Science
ISBN : 9780812252699

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Evading International Norms by Zoltan Buzas Pdf

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.

White by Law

Author : Ian Haney-López
Publisher : Unknown
Page : 128 pages
File Size : 52,7 Mb
Release : 2017
Category : Large type books
ISBN : OCLC:1057319325

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White by Law by Ian Haney-López Pdf

Race, Law, Resistance

Author : Patricia Tuitt
Publisher : Routledge Cavendish
Page : 240 pages
File Size : 54,5 Mb
Release : 2017-02-07
Category : Electronic
ISBN : 1138160326

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Race, Law, Resistance by Patricia Tuitt Pdf

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.

The Color of Law: A Forgotten History of How Our Government Segregated America

Author : Richard Rothstein
Publisher : Liveright Publishing
Page : 246 pages
File Size : 53,7 Mb
Release : 2017-05-02
Category : Social Science
ISBN : 9781631492860

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The Color of Law: A Forgotten History of How Our Government Segregated America by Richard Rothstein Pdf

New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.

Nothing Has to Make Sense

Author : Sherene H. Razack
Publisher : U of Minnesota Press
Page : 271 pages
File Size : 45,6 Mb
Release : 2022-04-19
Category : Social Science
ISBN : 9781452967127

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Nothing Has to Make Sense by Sherene H. Razack Pdf

How Western nations have consolidated their whiteness through the figure of the Muslim in the post-9/11 world While much has been written about post-9/11 anti-Muslim racism (often termed Islamophobia), insufficient attention has been given to how anti-Muslim racism operates through law and is a vital part of law’s protection of whiteness. This book fills this gap while also providing a unique new global perspective on white supremacy. Sherene H. Razack, a leading critical race and feminist scholar, takes an innovative approach by situating law within media discourses and historical and contemporary realities. We may think of law as logical, but, argues Razack, its logic breaks down when the subject is Muslim. Tracing how white subjects and majority-white nations in the post-9/11 era have consolidated their whiteness through the figure of the Muslim, Razack examines four sites of anti-Muslim racism: efforts by American evangelical Christians to ban Islam in the school curriculum; Canadian and European bans on Muslim women’s clothing; racial science and the sentencing of Muslims as terrorists; and American national memory of the torture of Muslims during wars and occupations. Arguing that nothing has to make sense when the subject is Muslim, she maintains that these legal and cultural sites reveal the dread, phobia, hysteria, and desire that mark the encounter between Muslims and the West. Through the prism of racism, Nothing Has to Make Sense argues that the figure of the Muslim reveals a world divided between the deserving and the disposable, where people of European origin are the former and all others are confined in various ways to regimes of disposability. Emerging from critical race theory, and bridging with Islamophobia/critical religious studies, it demonstrates that anti-Muslim racism is a revelatory window into the operation of white supremacy as a global force.

Under the Shadow of Weimar

Author : Louis Greenspan,Cyril Levitt
Publisher : Praeger
Page : 256 pages
File Size : 51,8 Mb
Release : 1993-04-30
Category : Political Science
ISBN : UOM:39015029563478

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Under the Shadow of Weimar by Louis Greenspan,Cyril Levitt Pdf

Written by authorities on the legal systems of France, Britain, Germany, the United States, Israel, and Canada, this book explores the growing confrontation between democracy and racist incitement. The authors consider existing and prospective laws as they trace the efforts to enact and enforce laws that can curb racism in the early stages of its growth without violating democratic freedoms. Throughout the book, the authors discuss their own legal and political cultures and how the subject countries are affected by historical encounters with racism. Both France and Britain have strong racist political forces and existing laws to combat them. Special attention is given to Le Pen, whose electoral support has been estimated nationally at more than twenty percent, and to the effect Britain's new legislation has had on the country's racist movement. The United States represents a case where strong constitutional guarantees against impingement upon freedom of expression have prevented the passage or juridical validation of laws restricting racist incitement. Israel finds itself struggling to define a legal remedy that can be used against racist incitement by the Kahane movement. Canada, now seeking a legal climate that will foster multiculturalism, strives to define laws against incitement that will be consistent with its newly established Charter of Freedom. And Germany, as it faces the enormous problems resulting from unification, is forced to reflect upon its own past and the challenges that an active racist movement poses for the country's future. Recommended for sociologists, political scientists, and criminal law specialists.

The Aliites

Author : Spencer Dew
Publisher : University of Chicago Press
Page : 251 pages
File Size : 41,6 Mb
Release : 2019-08-20
Category : Religion
ISBN : 9780226648019

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The Aliites by Spencer Dew Pdf

“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.

The Immigrant Scene

Author : Sabine Haenni
Publisher : U of Minnesota Press
Page : 337 pages
File Size : 54,6 Mb
Release : 2008
Category : Social Science
ISBN : 9780816649815

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The Immigrant Scene by Sabine Haenni Pdf

Yiddish melodramas about the tribulations of immigration. German plays about alpine tourism. Italian vaudeville performances. Rubbernecking tours of Chinatown. In the New York City of the late nineteenth and early twentieth centuries, these seemingly disparate leisure activities played similar roles: mediating the vast cultural, demographic, and social changes that were sweeping the nation's largest city. In The Immigrant Scene, Sabine Haenni reveals how theaters in New York created ethnic entertainment that shaped the culture of the United States in the early twentieth century. Considering the relationship between leisure and mass culture, The Immigrant Scene develops a new picture of the metropolis in which the movement of people, objects, and images on-screen and in the street helped residents negotiate the complexities of modern times. In analyzing how communities engaged with immigrant theaters and the nascent film culture in New York City, Haenni traces the ways in which performance and cinema provided virtual mobility--ways of navigating the socially complex metropolis--and influenced national ideas of immigration, culture, and diversity in surprising and lasting ways.

In the Shadow of International Law

Author : Michael Poznansky
Publisher : Oxford University Press
Page : 288 pages
File Size : 55,5 Mb
Release : 2020-04-28
Category : Political Science
ISBN : 9780190096618

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In the Shadow of International Law by Michael Poznansky Pdf

Secrecy is a staple of world politics and a pervasive feature of political life. Leaders keep secrets as they conduct sensitive diplomatic missions, convince reluctant publics to throw their support behind costly wars, and collect sensitive intelligence about sworn enemies. In the Shadow of International Law explores one of the most controversial forms of secret statecraft: the use of covert action to change or overthrow foreign regimes. Drawing from a broad range of cases of US-backed regime change during the Cold War, Michael Poznansky develops a legal theory of covert action to explain why leaders sometimes turn to covert action when conducting regime change, rather than using force to accomplish the same objective. He highlights the surprising role international law plays in these decisions and finds that once the nonintervention principle-which proscribes unwanted violations of another state's sovereignty-was codified in international law in the mid-twentieth century, states became more reluctant to pursue overt regime change without proper cause. Further, absent a legal exemption to nonintervention such as a credible self-defense claim or authorization from an international body, states were more likely to pursue regime change covertly and concealing brazen violations of international law. Shining a light on the secret underpinnings of the liberal international order, the conduct of foreign-imposed regime change, and the impact of international law on state behavior, Poznansky speaks to the potential consequences of America abandoning its role as the steward of the postwar order, as well as the promise and peril of promoting new rules and norms in cyberspace.