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A NEW YORK TIMES NOTABLE BOOK OF THE YEAR • A collection of provocative essays exploring the key social justice issues of our time—from George Floyd to antiracism to inequality and the Supreme Court. Kennedy is "among the most incisive American commentators on race" (The New York Times). Informed by sharpness of observation and often courting controversy, deep fellow feeling, decency, and wit, Say It Loud! includes: The George Floyd Moment: Promise and Peril • Isabel Wilkerson, the Election of 2020, and Racial Caste • The Princeton Ultimatum: Antiracism Gone Awry • The Constitutional Roots of “Birtherism” • Inequality and the Supreme Court • “Nigger”: The Strange Career Continues • Frederick Douglass: Everyone’s Hero • Remembering Thurgood Marshall • Why Clarence Thomas Ought to Be Ostracized • The Politics of Black Respectability • Policing Racial Solidarity In each essay, Kennedy is mindful of complexity, ambivalence, and paradox, and he is always stirring and enlightening. Say It Loud! is a wide-ranging summa of Randall Kennedy’s thought on the realities and imaginaries of race in America.
More than 40 years after Brown v. Board of Education put an end to the segregation of the races by law, current debates about multiculturalism and racial hate speech reveal persistent uncertainty about the meaning of race in American culture.
When it comes to race and racial issues these are strange times for all Americans. More than forty years after Brown v. Board of Education put an end to segregation of the races by law, current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty about the place and meaning of race in American culture and the role of law in guaranteeing racial equality. Moreover, all sides in those debates claim to be the true heirs to Brown, even as they disagree vehemently about its meaning. Race, Law and Culture takes the continuing controversy about race in law and culture as an invitation to revisit Brown, using this case as a lens through which to view that controversy and the issues involved in it. The essays collected here describe the contested legacy of Brown as well as the way it is implicated in America's persistent uncertainties about race. In so doing they confront crucial questions about race, law and culture in contemporary America: What were the legal and cultural visions contained in Brown? How have those visions been articulated in other legal struggles? Why does the subject of race continue to haunt the American imagination? With original essays from contributors such as David Garrow, Lawrence Friedman, and Hazel Carby, this work will be an important perspective from which to view questions of race in modern America.
The globalization process has foregrounded ethnic discrimination as an increasingly important area of law around the world. Allowing a better understanding of the issue of ethnic discrimination and inequality, this book offers a comparative analysis of legislation impacting ethnic equality in various Anglophone countries. It demonstrates that it is possible to achieve equality at both national and international levels. A compelling historical analysis of the North American Free Trade Agreement and the European Union Treaty is provided together with a detailed examination of diversity and the law. The book will interest practitioners and others interested in ethnic legal issues.
Author : Richard T. Ford Publisher : Princeton University Press Page : 244 pages File Size : 42,8 Mb Release : 2009-01-10 Category : Law ISBN : 9781400826308
What is black culture? Does it have an essence? What do we lose and gain by assuming that it does, and by building our laws accordingly? This bold and provocative book questions the common presumption of political multiculturalism that social categories such as race, ethnicity, gender, and sexuality are defined by distinctive cultural practices. Richard Ford argues against law reform proposals that would attempt to apply civil rights protections to "cultural difference." Unlike many criticisms of multiculturalism, which worry about "reverse discrimination" or the erosion of core Western cultural values, the book's argument is primarily focused on the adverse effects of multicultural rhetoric and multicultural rights on their supposed beneficiaries. In clear and compelling prose, Ford argues that multicultural accounts of cultural difference do not accurately describe the practices of social groups. Instead these accounts are prescriptive: they attempt to canonize a narrow, parochial, and contestable set of ideas about appropriate group culture and to discredit more cosmopolitan lifestyles, commitments, and values. The book argues that far from remedying discrimination and status hierarchy, "cultural rights" share the ideological presuppositions, and participate in the discursive and institutional practices, of racism, sexism, and homophobia. Ford offers specific examples in support of this thesis, in diverse contexts such as employment discrimination, affirmative action, and transracial adoption. This is a major contribution to our understanding of today's politics of race, by one of the most distinctive and important young voices in America's legal academy.
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.
A compelling study of a subtle and insidious form of racial inequality in American law and culture. Why does racial equality continue to elude African Americans even after the election of a black president? Liberals blame white racism while conservatives blame black behavior. Both define the race problem in socioeconomic terms, mainly citing jobs, education, and policing. Roy Brooks, a distinguished legal scholar, argues that the reality is more complex. He defines the race problem African Americans face today as a three-headed hydra involving socioeconomic, judicial, and cultural conditions. Focusing on law and culture, Brooks defines the problem largely as racial subordination—“the act of impeding racial progress in pursuit of nonracist interests.” Racial subordination is little understood and underacknowledged, yet it produces devastating and even deadly racial consequences that affect both poor and socioeconomically successful African Americans. Brooks addresses a serious problem, in many ways more dangerous than overt racism, and offers a well-reasoned solution that draws upon the strongest virtues America has exhibited to the world.
Cultural Pluralism, Identity Politics, and the Law by Austin Sarat,Thomas R. Kearns Pdf
We are witnessing in the last decade of the twentieth century more frequent demands by racial and ethnic groups for recognition of their distinctive histories and traditions as well as opportunities to develop and maintain the institutional infrastructure necessary to preserve them. Where it once seemed that the ideal of American citizenship was found in the promise of integration and in the hope that none of us would be singled out for, let alone judged by, our race or ethnicity, today integration, often taken to mean a denial of identity and history for subordinated racial, gender, sexual or ethnic groups, is often rejected, and new terms of inclusion are sought. The essays in Cultural Pluralism, Identity Politics, and the Law ask us to examine carefully the relation of cultural struggle and material transformation and law's role in both. Written by scholars from a variety of disciplines and theoretical inclinations, the essays challenge orthodox understandings of the nature of identity politics and contemporary debates about separatism and assimilation. They ask us to think seriously about the ways law has been, and is, implicated in these debates. The essays address questions such as the challenges posed for notions of legal justice and procedural fairness by cultural pluralism and identity politics, the role played by law in structuring the terms on which recognition, accommodation, and inclusion are accorded to groups in the United States, and how much of accepted notions of law are defined by an ideal of integration and assimilation. The contributors are Elizabeth Clark, Lauren Berlant, Dorothy Roberts, Georg Lipsitz, and Kenneth Karst.
First published in 1997. Examining race, law, and religion in today's America, The Least of These highlights the power of these principles to both divide and unite, and promotes a new form of liberalism that incorporates the spiritual values long neglected by earlier progressive liberals. Relaunching the fundamental tenet of progressive liberalism-that a justly ordered society must protect the interests and promote opportunities for the least advantaged of its population-Anthony Cook argues for a revival of the progressive vision of American politics. While the affirmative action debates smolder around the country, Cook contends that the spiritual foundation of this liberal tenet must be unearthed and elaborated to fit our times before we can attempt to tackle the issues that the civil rights era has left unanswered. As the twentieth century closes, The Least of These provides a greater understanding of the roots of our ongoing socio-political struggles, and serves as an invaluable profile of progressive liberal politics from World War II to the present.
Race, Culture, Psychology, and Law by Kimberly Barrett,William George,William H George Pdf
"In a diverse democracy, law must be open to all. All too often, however, our system of justice has failed to live up to our shared ideals, because it excludes individuals and communities even as they seek to use it or find themselves caught up in it. The research presented here offers hope. The abstract doctrines of the law are presented through real cases. Judges, lawyers, scholars, and concerned citizens will find much in these pages documenting the need for reform, along with the means for achieving our aspirations. The issues presented by race, ethnicity, and cultural differences are obviously central to the resolution of disputes in a nation made up of people who have in common only their faith in the great experiment of the United States Constitution. Here the challenges are met in an original, accessible, and thoughtful manner." -Frank H. Wu, Howard University, and author of Yellow: Race in America Beyond Black and White "Kim Barrett and William George have taken on an enormous task, which is matched only by its timeliness. Cultural competence and cultural diversity pass off our lips as eternally valued ideals, but Barrett and George have brought a critical and edifying eye to thee ideas. Racism is similarly easy to acknowledge but difficult to account for in the everyday lives of ordinary people of color. What we discover in this impressive volume is not only that race and culture matter, but how they matter in the minds of people who are clients and the minds of people who attempt to serve them and in the courts of law that attempt to mete out justice. Race, Culture Psychology and the Law is essential reading for anyone with a professional or personal interest in social justice and psychological well-being." -James M. Jones, Ph.D., Director, Minority Fellowship Program, American Psychological Association "This is an extraordinary and daring compilation of cutting edge commentaries that should prove invaluable to students, scholars, and practitioners working in social work, clinical and forensic psychology, juvenile justice, immigration adjustment, Native American advocacy, and child and adult abuse. It is a quality text that tackles key topics bridged by psychology and the law with clarity, succinctness, complexity, and evenhandedness." -William E. Cross, Jr., Ph.D., Graduate Center, City University of New York American ethnic and racial minority groups, immigrants, and refugees to this country are disparately impacted by the justice system of the United States. Issues such as racial profiling, disproportionate incarceration, deportation, and capital punishment all exemplify situations in which the legal system must attend to matters of race and culture in a competent and humane fashion. Race, Culture, Psychology, and Law is the only book to provide summaries and analyses of culturally competent psychological and social services encountered within the U.S. legal arena. The book is broad in scope and covers the knowledge and practice crucial in providing comprehensive services to ethnic, racial, and cultural minorities. Topics include the importance of race relations, psychological testing and evaluation, racial "profiling," disparities in death penalty conviction, immigration and domestic violence, asylum seekers, deportations and civil rights, juvenile justice, cross-cultural lawyering, and cultural competency in the administration of justice. Race, Culture, Psychology, and Law offers a compendium of knowledge, historical background, case examples, guidelines, and practice standards pertinent to professionals in the fields of psychology and law to help them recognize the importance of racial and cultural contexts of their clients. Editors Kimberly Holt Barrett and William H. George have drawn together contributing authors from a variety of academic disciplines including law, psychology, sociology, social work, and family studies. These contributors illustrate the delivery of psychological, legal, and social services to individuals and families-from racial minority, ethnic minority, immigrant, and refugee groups-who are involved in legal proceedings. Race, Culture, Psychology, and Law is a unique and timely text for undergraduate and graduate students studying psychology and law. The book is also a vital resource for a variety of professionals such as clinical psychologists, forensic psychologists, psychiatrists, counselors, social workers, and attorneys dealing with new immigrants and people from various ethnic communities.
Anthony G. AMSTERDAM,Jerome S. Bruner,Anthony G Amsterdam
Author : Anthony G. AMSTERDAM,Jerome S. Bruner,Anthony G Amsterdam Publisher : Harvard University Press Page : 467 pages File Size : 48,9 Mb Release : 2009-06-30 Category : Law ISBN : 9780674020207
Minding the Law by Anthony G. AMSTERDAM,Jerome S. Bruner,Anthony G Amsterdam Pdf
In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty. Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule ("categorizing"), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan ("rhetorics"). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains. But a culture's stock of stories is not changeless. Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century. A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law/tilte will be welcomed by a new generation concerned with renewing law's commitment to a humane justice. Table of Contents: 1. Invitation to a Journey 2. On Categories 3. Categorizing at the Supreme Court Missouri v. Jenkins and Michael H. v. Gerald D. 4. On Narrative 5. Narratives at Court Prigg v. Pennsylvania and Freeman v. Pitts 6. On Rhetorics 7. The Rhetorics of Death McCleskey v. Kemp 8. On the Dialectic of Culture 9. Race, the Court, and America's Dialectic From Plessy through Brown to Pitts and Jenkins 10. Reflections on a Voyage Appendix: Analysis of Nouns and Verbs in the Prigg, Pitts, and Brown Opinions Notes Table of Cases Index Reviews of this book: Amsterdam, a distinguished Supreme Court litigator, wanted to do more than share the fruits of his practical experience. He also wanted to...get students to think about thinking like a lawyer...To decode what he calls "law-think," he enlisted the aid of the venerable cognitive psychologist Jerome Bruner...[and] the collaboration has resulted in [this] unusual book. --James Ryerson, Lingua Franca Reviews of this book: It is hard to imagine a better time for the publication of Minding the Law, a brilliant dissection of the court's work by two eminent scholars, law professor Anthony G. Amsterdam and cultural anthropologist Jerome Bruner...Issue by issue, case by case, Amsterdam and Bruner make mincemeat of the court's handling of the most important constitutional issue of the modern era: how to eradicate the American legacy of race discrimination, especially against blacks. --Edward Lazarus, Los Angeles Times Book Review Reviews of this book: This book is a gem...[Its thesis] is easily stated but remarkably unrecognized among a shockingly large number of lawyers and law professors: law is a storytelling enterprise thoroughly entrenched in culture....Whereas critical legal theorists have talked among themselves for the past two decades, Amsterdam and Bruner seek to engage all of us in a dialogue. For that, they should be applauded. --Daniel R. Williams, New York Law Journal Reviews of this book: In Minding the Law, Anthony Amsterdam and Jerome Bruner show us how the Supreme Court creates the magic of inevitability. They are angry at what they see. Their book is premised on the conviction that many of the choices made in Supreme Court opinions 'lack any justification in the text'...Their method is to analyze the text of opinions and to show how the conclusions reached do not always follow from the logic of the argument. They also show how the Court casts its rhetoric like a spell, mesmerizing its audience, and making the highly contingent shine with the light of inevitability. --Mitchell Goodman, News and Observer (Raleigh, North Carolina) Reviews of this book: What do controversial Supreme Court decisions and classic age-old tales of adultery, villainy, and combat have in common? Everything--at least in the eyes of [Amsterdam and Bruner]. In this substantial study, which is equal parts dense and entertaining, the authors use theoretical discussions of literary technique and myths to expose what they see as the secret intentions of Supreme Court opinions...Studying how lawyers and judges employ the various literary devices at their disposal and noting the similarities between legal thinking and classic tactics of storytelling and persuasion, they believe, can have 'astonishing consciousness-retrieving effects'...The agile minds of Amsterdam and Bruner, clearly storehouses of knowledge on a range of subjects, allow an approach that might sound far-fetched occasionally but pays dividends in the form of gained perspective--and amusement. --Elisabeth Lasch-Quinn, Washington Times Reviews of this book: Stories and the way judges-intentionally or not-categorize and spin them, are as responsible for legal rulings as logic and precedent, Mr. Amsterdam and Mr. Bruner said. Their novel attempt to reach into the psyche of...members of the Supreme Court is part of a growing interest in a long-neglected and cryptic subject: the psychology of judicial decision-making. --Patricia Cohen, New York Times Most law professors teach by the 'case method,' or say they do. In this fascinating book, Anthony Amsterdam--a lawyer--and Jerome Bruner--a psychologist--expose how limited most case 'analysis' really is, as they show how much can be learned through the close reading of the phrases, sentences, and paragraphs that constitute an opinion (or other pieces of legal writing). Reading this book will undoubtedly make one a better lawyer, and teacher of lawyers. But the book's value and interest goes far beyond the legal profession, as it analyzes the way that rhetoric--in law, politics, and beyond--creates pictures and convictions in the minds of readers and listeners. --Sanford Levinson, author of Constitutional Faith Tony Amsterdam, the leader in the legal campaign against the death penalty, and Jerome Bruner, who has struggled for equal justice in education for forty years, have written a guide to demystifying legal reasoning. With clarity, wit, and immense learning, they reveal the semantic tricks lawyers and judges sometimes use--consciously and unconsciously--to justify the results they want to reach. --Jack Greenberg, Professor of Law, Columbia Law School
Race, Culture, Psychology, and Law by Kimberly Barrett,William H George Pdf
The contributors examine the intersections of psychology & the law with regard to race & culture. As diversity gains increasing levels of respect in Western society, so this is becoming an evermore important topic of concern.
Race, Law and Society draws together some of the very best writing on race and racism from the law and society tradition, yet it is not intended to merely reprint the greatest hits of the past. Instead, from its introduction to its selection of articles, this anthology is designed as a 'how-to manual', a guide for scholars and students seeking templates for their own work in this important but also tricky area. Race, Law and Society pulls together leading exemplars of the sorts of social science scholarship on race, society and law that will be essential to racial progress as the world begins to travel the twenty-first century.
Authored by the leading voices in critical legal studies, feminist legal theory, critical race theory and queer legal theory, After Identity explores the importance of sexual, national and other identities in people's lived experiences while simultaneously challenging the limits of legal strategies focused on traditional identity groups. These new ways of thinking about cultural identity have implications for strategies for legal reform, as well as for progressive thinking generally about theory, culture and politics.
