Race, Law, and Culture: Reflections on Brown v. Board of EducationAustin Sarat Oxford University Press, 1997 M03 6 - 256 páginas 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. |
Contenido
| 3 | |
I BROWN AND ITS LEGAL CONTEXTS | 21 |
II RACIAL DISCRIMINATION AND ANTIDISCRIMINATION LAW | 89 |
III READING THE REALITIES OF RACE | 135 |
Index | 229 |
Otras ediciones - Ver todas
Race, Law, and Culture: Reflections on Brown V. Board of Education Austin Sarat Vista previa limitada - 1997 |
Race, Law, and Culture: Reflections on Brown V. Board of Education Austin Sarat Vista de fragmentos - 1997 |
Términos y frases comunes
accommodating differences affirmative action African American antidiscrimination law argued argument black community black corporate lawyers black lawyers Board of Education Brown Carter civil rights claim Clarence Thomas clients color blindness constitutional contemporary context critics cultural imperialism Davis decision deference Derrick Bell desegregation discrimination dissent Earl Warren elite equal protection Equal Protection Clause essay example federal formal equality Fourteenth Amendment frames Harlan harm Harvard Law Review Houston humiliation idea ideology integration interpretive issues judicial Kluger Law Journal Law School legal segregation legitimacy litigation Marshall's meaning ment mental state verbs minority multiculturalism NAACP nation Negro nondiscrimination norms obligation thesis opinion Paul Gewirtz plaintiffs Plessy political practice principle programs progressive whites question race racial justice racism Republican Clause rhetoric Richard Kluger role social engineers society South southern stance story strategy supra note Supreme Court Thomas's Thurgood Marshall tion University Press vision Warren York
Pasajes populares
Página 171 - Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.
Página 5 - Legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.
Página 96 - The object of the [fourteenth] amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races upon terms unsatisfactory to either.
Página 5 - Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law; for the policy of separating the races is usually interpreted as denoting the inferiority of the Negro group.
Página 79 - Since the achieving of fair and effective representation for all citizens is concededly the basic aim of legislative apportionment, we conclude that the Equal Protection Clause guarantees the opportunity for equal participation by all voters in the election of state legislators.
Página 5 - Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other 'tangible' factors may be equal, deprive the children of the minority group of equal education opportunities?
Página 102 - We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. lf this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it...
Página 93 - ... generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone."12 The opinion concluded in terms of triumph, or so they must have sounded to the NAACP lawyers: "In the field of public education, the doctrine of 'separate but equal
Página 81 - It is a promise of the Constitution that there is a realm of personal liberty which the government may not enter.
Página 77 - Liberty under law extends to the full range of conduct which the individual is free to pursue, and it cannot be restricted except for a proper governmental objective.
Referencias a este libro
Beautiful Bottom, Beautiful Shame: Where “Black” Meets “Queer” Kathryn Bond Stockton Vista previa limitada - 2006 |
Democracy Rising: South Carolina and the Fight for Black Equality Since 1865 Peter F. Lau Vista previa limitada - 2006 |