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What is the source of rights? Rights have been grounded in divine agency, human nature, and morally justified claims, and have been used to assess the moral status of legal and customary social practices. The orthodoxy is that some of our rights are a species of unrecognized or natural rights. For example, black slaves in antebellum America were said to have such rights, and this was taken to provide a basis for establishing the immorality of slavery. Derrick Darby exposes the main shortcomings of the orthodox conception of the source of rights and proposes a radical alternative. He draws on the legacy of race and racism in the USA to argue that all rights are products of social recognition. This bold, lucid and meticulously argued book will inspire readers to rethink the central role assigned to rights in moral, political, and legal theory as well as in everyday evaluative discourse.
In a provocative and controversial analysis, Wilbur C. Rich's The Post-Racial Society is Here conclusively demonstrates that nation is in midst of a post-racial society, although many Americans are skeptical of this fundamental social transformation. Using the findings of historians and social scientists, this book outlines why the construction and deconstruction of the race-based society was such a difficult and daunting enterprise. Rich also alerts the reader to the unprecedented progress made and why the forces of the new global economy demand that we move faster to make society more inclusive.
In Race, Rights, and Recognition, Dean J. Franco explores the work of recent Jewish American writers, many of whom have taken unpopular stances on social issues, distancing themselves from the politics and public practice of multiculturalism. While these writers explore the same themes of group-based rights and recognition that preoccupy Latino, African American, and Native American writers, they are generally suspicious of group identities and are more likely to adopt postmodern distancing techniques than to presume to speak for "their people." Ranging from Philip Roth’s scandalous 1969 novel Portnoy’s Complaint to Gary Shteyngart’s Absurdistan in 2006, the literature Franco examines in this book is at once critical of and deeply invested in the problems of race and the rise of multicultural philosophies and policies in America. Franco argues that from the formative years of multiculturalism (1965–1975), Jewish writers probed the ethics and not just the politics of civil rights and cultural recognition; this perspective arose from a stance of keen awareness of the limits and possibilities of consensus-based civil and human rights. Contemporary Jewish writers are now responding to global problems of cultural conflict and pluralism and thinking through the challenges and responsibilities of cosmopolitanism. Indeed, if the United States is now correctly—if cautiously—identifying itself as a post-ethnic nation, it may be said that Jewish writing has been well ahead of the curve in imagining what a post-ethnic future might look like and in critiquing the social conventions of race and ethnicity.
"Race, Recognition and Retribution in Contemporary Youth Justice provides a cross-national, socio-historical investigation of the legacy of racial discrimination which informs contemporary youth justice practice in Canada and England. The book links racial disparities in youth justice, especially exclusion from ideologies of care and notions of future citizenship, with historical practices of exclusion. Despite the logic of care found in both rehabilitative and retributive forms of youth justice, black inner-city youth remain excluded from lenience and social welfare considerations. This exclusion reflects a historical legacy of racial discrimination apparent in the harsher sanctions levied against black, inner-city youth. In exploring race's role in this arrangement, the book asks: to what extent were black youth excluded from historic considerations of the lenience and social care, built into the logic of youth justice in England and Canada? To what extent are the disproportionately high incarceration rates, for black, inner-city youth in the contemporary system, a reflection of a historic exclusion from considerations of lenience and social care? How might contemporary justice efforts be reoriented to explicitly prioritise considerations of lenience and social care ahead of penalty for black, inner-city youth? Examining the entrenched structural continuities of racial discrimination, the book draws on archival and interview data, with interviewees including professionals who work with inner-city youth. This recognition-centred lens prompts consideration of what contributes to the struggle these youth face, and explorations of the possibility that what they face reflects deficits in their relations of love, rights, and solidarity. The book argues that a truly progressive era of youth justice necessitates cultivating policy and practice which explicitly prioritises considerations of lenience and social care, ahead of reliance on penalty. This multidisciplinary book is valuable reading for academics and students researching criminology, sociology, politics, anthropology, critical race studies and history. It will also appeal to practitioners in the field of youth justice, policymakers and third sector organisations"--
Profiles African American lawyers during the era of segregation and the civil rights movement, with an emphasis on the conflicts they felt between their identities as African Americans and their professional identities as lawyers.
This book tells the compelling story of postemancipation Colombia, from the liberation of the slaves in the 1850s through the country's first general labor strikes in the 1910s. As Jason McGraw demonstrates, ending slavery fostered a new sense of citizenship, one shaped both by a model of universal rights and by the particular freedom struggles of African-descended people. Colombia's Caribbean coast was at the center of these transformations, in which women and men of color, the region's majority population, increasingly asserted the freedom to control their working conditions, fight in civil wars, and express their religious beliefs. The history of Afro-Colombians as principal social actors after emancipation, McGraw argues, opens up a new view on the practice and meaning of citizenship. Crucial to this conception of citizenship was the right of recognition. Indeed, attempts to deny the role of people of color in the republic occurred at key turning points exactly because they demanded public recognition as citizens. In connecting Afro-Colombians to national development, The Work of Recognition also places the story within the broader contexts of Latin American popular politics, culture, and the African diaspora.
After decades of denying racism and underplaying cultural diversity, Latin American states began adopting transformative ethno-racial legislation in the late 1980s. In addition to symbolic recognition of indigenous peoples and black populations, governments in the region created a more pluralistic model of citizenship and made significant reforms in the areas of land, health, education, and development policy. Becoming Black Political Subjects explores this shift from color blindness to ethno-racial legislation in two of the most important cases in the region: Colombia and Brazil. Drawing on archival and ethnographic research, Tianna Paschel shows how, over a short period, black movements and their claims went from being marginalized to become institutionalized into the law, state bureaucracies, and mainstream politics. The strategic actions of a small group of black activists—working in the context of domestic unrest and the international community's growing interest in ethno-racial issues—successfully brought about change. Paschel also examines the consequences of these reforms, including the institutionalization of certain ideas of blackness, the reconfiguration of black movement organizations, and the unmaking of black rights in the face of reactionary movements. Becoming Black Political Subjects offers important insights into the changing landscape of race and Latin American politics and provokes readers to adopt a more transnational and flexible understanding of social movements.
As many scholars have argued, racism and its passions are created by and subordinated to the nation. This volume places the practices of racism at the center of analysis of so-called post-racist or multi cultural nation-states. This way, each contributor analytically treats racism and its related concepts of race, identity, culture, and naturalizing symbols of blood to highlight the manner in which governing institutions use nationalist precepts to create "races". In the end, it is racism - the actual political practices of domination - that makes "race" salient, especially in its multi-cultural and liberal-democratic form.
Compares the experiences of three central Louisiana Indian tribes with federal tribal recognition policy to illuminate the complex relationship between recognition policy and American Indian racial and tribal identities.
This book had its beginnings in a simple question: How have some African-American attorneys, recently admitted to the bar, successfully navigated what research suggests is a very precarious pipeline to the legal profession? The response to this question entailed a journey that spanned some three years, over fifty informants, and a dozen or so researchers and scholars who study the intersections of education, race, and efforts to achieve social equity. The resulting work generalizes from the stories collected and constructs a substantive theory of success built around a phenomenon called "working recognition." This concept describes both the recognition experienced in various forms by our study's participants and the recognition they transformed into strategic activities aimed at overcoming academic, economic, and social obstacles encountered in their personal pipelines. We found that it was through such activity that they ultimately attained recognition as lawyers and entered the profession of law. As a way of situating the study within scholarship in higher and legal education, the book further presents essays from noted scholars who respond to the study's thematic findings comparing and contrasting them to related research and practices. Finally, we consider the policy implications that derive from our extant project, particularly policies that relate to future pipeline interventions. "This is an engaging and well-written book that uses analysis of in-depth interviews to tell the stories not only of African Americans entering the legal profession, but also the story of the significant and important role of HBCUs in educating the current generation of black lawyers. It is a must read for anyone doubting the relevance of the HBCU today."-- Kurt l. Schmoke, Dean, Howard University School of Law "A must read for anyone interested in understanding the very different experiences faced by African-American law students when compared with their white peers. It should be required reading for all law school Deans and University Presidents who should then seek to implement the very thoughtful suggestions discussed by Evensen and Pratt thereby moving law schools in the direction of being inclusive learning environments for all students."-- Dorothy Brown, Professor of Law, Emory University School of Law "Evensen and Pratt's illuminating study tells the stories that all lawyers need to hear. Their chronicles of young African Americans who navigate nearly insurmountable challenges to join our profession provide convincing evidence for the authors' theory of intervention and the necessity of pipeline programs. With its combination of interviews and essays, this is an essential work for anyone who is committed to improving the racial diversity of the legal profession."-- Phoebe Haddon, Dean, University of Maryland Francis King Carey School of Law