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Theories and constructs of race
Relationship between law and society
Law is a social phenomenon
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Recommended: Theories and constructs of race
Haney Lopez: Legal Construction of Race
Definition:
The law plays a substantial role in constructing race. By serving, as a system of coercion and control as well as an ideological system, the law is able to create laws that maintain racism and change the way people understand racism. The legal and non-legal actors that carry out or abide with the law can also be characterized as individuals who maintain the growth of our race today. All of these processes create, declare and enforce the legal construction of race, according to Haney Lopez.
Sociohistorical Contextualization: Haney Lopez argues that race has become a social establishment; instead of legal institutions trying to make sense of racial oppression they are constructing the social systems. Haney Lopez
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The Declaration of Independence describes that “all men are created equal regardless of race,” and thus abolishing slavery. As for the involvement of the Constitution, the concept of race is nowhere to be found in the document. The slave term is not in the Constitution and it was portrayed as a state of shame that men could be described as property. Rather than using the term slaves, “other persons” was used as a delicacy for their group.
Significance:
The Declaration of Independence is significant to our nation because it led individuals to gain independence; also, it justified rights that the original government no longer guaranteed certain rights. If it were not for the words written in this document all races now would not be treated equally and women would not have the right to vote. The Constitution laid out the prototype to assemble the American society and the rules that citizens of the nation should abide by.
Delgado, Perea, and Stefancic (Undocumented Children):Plyer v. Doe Case
The declaration of Independence is an amazing document. It’s authors portrayed their anger, their disappointment, and their dream in a new government through this document. A government meant to protect the people's rights. They manifested this dream. they used logos and pathos along with other forms of rhetoric to show the people the urgency of their situation.
The Declaration was for the colonists to seek for independence. The quote most widely known is “Life, Liberty, and the Pursuit of Happiness.”(Jefferson) The Declaration of Independence was written mostly by Thomas Jefferson who stated the above quote. Like the Declaration of Sentiments, all men are created equal. The Declaration of Independence allows the people to have the right to abolish an proposition that they do not agree with. They also have the right to institute a new government if they do not feel it is not ensuring safety and happiness to everyone; they can vote in a government who will ensure this. It is also the peoples right to throw out a government when laws are abused. Every year on July 4, people in the United States celebrate Independence day, also known as the Fourth of
After it was written, 56 delegates coming from all of the 13 colonies signed the Declaration of Independence in order to make it official. This document served great justice during the Atlantic Revolution; it sought to make a difference as to how the colonies were in terms of their alliance with Britain. The Atlantic Revolution was able to make this happen, for it opened up the space for change. Through the document, we can see how the colonies determined to separate themselves from the British Empire. Some things to pay attention to in the writing is that they mentioned things like “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”. The goal of this statement is to make sure that even though the men make up the government and the people must be okay with them, at the end of the day the people have the right to make sure that their government is not being destructive and is aiming towards their rights. The Atlantic Revolution brought forth new ideas of government and the liberation of the colonies from the
“The New Jim Crow” is an article by Michelle Alexander, published by the Ohio State Journal of Criminal Law. Michelle is a professor at the Ohio State Moritz college of criminal law as well as a civil rights advocate. Ohio State University’s Moritz College of Law is part of the world’s top education system, is accredited by the American Bar Association, and is a long-time member of the American Law association. The goal of “The New Jim Crow” is to inform the public about the issues of race in our country, especially our legal system. The article is written in plain English, so the common person can fully understand it, but it also remains very professional. Throughout the article, Alexander provides factual information about racial issues in our country. She relates them back to the Jim Crow era and explains how the large social problem affects individual lives of people of color all over the country. By doing this, Alexander appeals to the reader’s ethos, logos, and pathos, forming a persuasive essay that shifts the understanding and opinions of all readers.
What has changed since the collapse of Jim Crow has less to do with the basic structure of our society than with the language we use to justify it. In the era of colorblindness, it is no longer socially permissible to use race, explicitly, as a justification for discrimination, exclusion, and social contempt. So we don’t. Rather than directly rely on race, we use the criminal justi...
The United States Constitution and The Declaration of Independence are two of America 's most famous documents and most cherished symbols of liberty, however they are very different in their intents and themes, although both together laid the foundation for our independence as a nation. The Declaration of Independence proclaims the United States of America a free and independent nation that would no longer be under British Rule. The Constitution is the basis of the U.S. government. It can be rightly stated that the Declaration of Independence and the Constitution are best friends necessary in support for each other. There are two proofs necessary to make this argument: the first being, the Declaration requires limited, constitutional union
The following report gives a critical analysis of Dr. Cornel West’s book, “Race Matters.” In his book, Dr. West, a scholar, theologian, and activist, presents key issues of the day (1990s) primarily relating to race. He wrote “Race Matters” following the Los Angeles riot of 1992 after the acquittal of white police officers involved in the tragic beating of Rodney King. The book was originally published in April 1993 by New York: Vintage Books. This book is comprised of eight separate essays focusing primarily on racial issues relative to current events, the political climate, and market forces. Dr. West’s basic argument is that race matters in all aspects of American culture as well as abroad. He attempts to raise the awareness of his readers (and audiences) about the importance of race as an integral part of American society.
The social construction of race is when classifications relating to race unfold, appear and are influenced through public socialization and then, successively, they help restrict public socialization (Module 4 eText). This is exemplified in the article “The incentives made her do it; Rachel Dolezal’s black identity isn’t a shock to anyone who understands activist culture”, which says, “It should not surprise us, then, when an individual chooses to create a different racial identity for herself.” The author is arguing that since liberals
Created by a white man living in a society that had power to enforce his ideas, this model laid the foundation for racism, or the notion that one race is superior to another (Croteau & Hoynes, 2013).
A. Leon Higginbotham, Jr. Shades of Freedom: Racial Politics and Presumptions of the American Legal Process Race and the American Legal Process, Volume II . New York: Oxford University Press, 1998.
Social Construction Race Race has been one of the most outstanding events in the United States all the way from the 1500s up until now. The concept of race has been socially constructed in a way that is broad and difficult to understand. Social construction can be defined as the set of rules determined by society’s urges and trends. The rules created by society play a huge role in racialization, as the U.S. creates laws to separate the English or whites from the nonwhites. Europeans, Indigenous People, and Africans were all racialized and victimized for various reasons.
To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,
The Declaration of Independence was written to declare that the thirteen colonies were claiming themselves as independent states. Then U.S. Constitution and Bill of Rights were written. These important papers spell out freedoms guaranteed to Americans and the laws that protect those freedoms. They talk of a government that works for the people.
middle of paper ... ... CRT scholars criticize the incapacity of legal discourse because it only addresses the most crude forms of racism and not the more complex forms of racism which are ingrained in nowadays’s society (Gillborn, 2008). This critique does not attempt to diminish the significance of civil rights, it criticizes traditional’s legal doctrine of inability to deal with subtle and invisible forms of racism (Gillborn, 2008). Moreover, civil rights crusade, is a long and slow process, which has not yet brought the desired social change and as CRT scholars argue the beneficiaries of this legislation was the Whites (Ladson-Billings, 2004).
Simply put race matters considerably in how the nation's justice department decides on its cases, this is evident in the countries racial criminal history whereby witnesses who could testify and punishments to be enforced were significantly determined by one’s race. That begs us to ask ourselves whether race in the delivering of justice will ever stop being a factor. Having that in mind it only seems natural to devote the issue to the interventions Critical Race Theory CRT can offer. To many readers this begs the question as to what is CRT. There is no particular answer to the question as most scholars of CRT are against the notion of a united school of thought we could, therefore, assume it is safe to say CRT rejects legal liberalism (Berberoglu 76). Therefore, it can be said that CRT theorists do not have faith in the neutral dealings and practical principals of formal equality for every race. CRT theorists believe that the practices and principles of the American law are designed to maintain the privilege of the whites over the blacks; it also includes the anti-discrimination laws. Not only do CRT theorists work hard to reveal how the law operates in regard to people’s races and the maintaining of a hierarchy but they also commit themselves to the challenging of the racial hierarchy subordination and all of its different forms. In so doing critical race