Race and Equality Law
The essays in this volume illuminate a central paradox in the post-colonial West: race remains a potent index of social, economic and political inequality even while racial discrimination has become unlawful, even anathema. The standard account of this paradox is that racial discrimination and inequality are unfortunate vestiges of the past, which an enlightened legal system is now engaged in extirpating. These essays reveal a different story: equality law preserves racial inequality even while denouncing it. The authors show how in country after country, legal rules define racism so narrowly and make racial discrimination so difficult to prove that inequality persists despite its symbolic extinction. This ground-breaking volume of English-language essays, aimed at academics and researchers, shows how critical race theory, an analytic approach developed in the United States, can shed light on the workings of race in political-legal systems as diverse as South Africa, New Zealand, France and Latin and South America.
Table of Contents
Contents: Introduction; Part I Defining Race and Racism: Re-framing Europe: en-gendered racisms, ethnicities and nationalisms in contemporary Western Europe, Avtar Brah; Red: racism and the American Indian, Bethany R. Berger. Part II Race and Racism: Social Contradictions: A region in denial: racial discrimination and racism in Latin America, Ariel E. Dulitzsky; 'Who wants to feel white?' Race, Dutch culture and contested identities, Philomena Essed and Sandra Trienekens; Reproductive labor: sex and domestic work in Cyprus, Greece and Turkey, Anna M. Agathangelou; Order and security in the city: producing race and policing neoliberal spaces in South Africa, Tony Roshan Samara. Part III Race and Racism: Legal Contradictions: An indigenous lens into comparative law: the doctrine of discovery in the United States and New Zealand, Robert J. Miller and Jacinta Ruru; Antidiscrimination law: the view from 1989, Alan Freeman; The ideology of the Brazilian nation and the Brazilian legal theory of racial discrimination, Seth Racusen; French criminalization of racial employment discrimination compared to the imposition of civil penalties in the United States, Donna M. Gitter; The past is unpredictable: race, redress and remembrance in the South African Constitution, Pierre De Vos; Savages, victims, and saviors: the metaphor of human rights, Makau Mutua; Recreating the state, Jacqueline Stevens; Name index.
Angela P. Harris is professor of law at King Hall School of Law at the University of California - Davis, USA.