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sociology of law > chapter 4 - the colour of law > Flashcards

chapter 4 - the colour of law Flashcards

1
Q

what is the main focus of critical legal studies?

A

focuses on the inequalities within the law

examines the role of law in creating and enforcing racial categories and the resulting experiences of POC (disadvantaged and oppressed)

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2
Q

what is intersectionality

A

we all have multiple experiences and are made up of multiple identities
- master categories (race, gender, class, ethnicity)

eg. belonging to the group of females, lower class and part of the LGTBQ community

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3
Q

is race a social construction or is it fixed and not objective?

A

race is a social construction

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4
Q

what is race?

A

socially constructed classification of persons that is tied to beliefs about diff in the physical makeup of diff ind

  • includes diff cultural characteristics between cultures but also the inequalities
  • diff matched up with the standards of the dominant group in power (how they make decisions)
  • the categories and the hierarchy of categories are inequitable (cant get hierarchy without cat)
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5
Q

what is the discussion of Johann Freidrich Blumenbach ideas of how race is something within your genes and is inherited?

A
  • used just to support and maintain the dominance of the British over the other races around the world
  • perpetuates the values, beliefs and morals of the white abled male
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6
Q

what are the main interest that drive this idea above?

A

economics (division of labour)
slavery
colonialism (land and export ideas, lands of the aboriginal and their rights(not even considered)

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7
Q

what is racialization?

A

psychical diff come to assume certain meanings and expectations for human behaviour and interaction

  • social meanings that we attribute to race including whiteness
  • whiteness becomes the norm and is the base for the and construction creation of all other race
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8
Q

what is the basis and main points f the reading ion aboriginal women and their education?

A
  • take about experiences as first nations women
  • not possible to carpmentalize any one of my identities as one as they all work simultaneously together
  • alienated from learning at the law school she attended
  • did readings that did not allow her to contribute or take part within class discussions
  • talked about treatment of professors
  • make assumptions about the groups of ppl who are the topic of conversation(they were not included)
  • the idea of when people talk about a certain race - ppl stare when talking about cultures or groups you are part of POC
  • never really explained the right information on aboriginal individuals to be useful in law school and the acc field itself
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9
Q

what are the 3 ways the role of law constructs categories of race?

A
  1. racal profilling
  2. incarceration
  3. immigration
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10
Q

what is racial profiling?

A

using a person’s race or ethnicity as a factor in determining whether they are likely to commit a crime, engage in suspicious activity, or pose a threat, without any evidence or reasonable suspicion to support such a decision

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11
Q

what are the 2 types of profiling?

A
  1. begins with specific crime and generalized description of the offender (question those fitting description)
  2. application of racial stereotypes to define an offender (young minority men)
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12
Q

what race is 1st and 2nd at mist likely being racially profiled?

A
  1. black males
  2. latino males
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13
Q

what is incarceration?

A

act of confining a person in a prison, jail, or other correctional facility as a punishment for a crime they have been convicted of or while they await trial

  • rate is higher in Canada than most western European countries (117 per 100000)
  • main populations - aboriginal and black
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14
Q

what are some factors responsible for mass incarceration?

A

culture of control
interest of political actors
economic benefits

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15
Q

what is immigration?

A

process of entering and settling in a country that is not one’s own, with the intention of staying there permanently or for an extended period

  1. laws and policies some argue that it is racist
  2. “white canada” policy
    1. favours eauropean immigrants
  3. 1960s - point system - formally colour blind but racist effects
    1. very difficult still
  4. 1980s - managing immigration - sanitary coding
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16
Q

what is the point system of immigration?

A

select immigrants based on their language, job and intellectual skills and qualifications, rather than their country of origin or family ties

aimed to attract highly skilled and educated immigrants who could contribute to the American economy and society (video in class on immigration and the process)

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17
Q

what is sanitary coding?

A

policy implemented by the United States to screen potential immigrants for communicable diseases before allowing them to enter the country

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18
Q

summary of the immigration video in class

A
  • very heavily involved with headtax which made Chinese pay to come into Canada
    • made them work and build the train tracks
    • made many relationship difficulties - apart from family
  • whole idea deals with white supremacy
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19
Q

what is the feeblemindedness theory?

A

people who were not able to identify a missing object or complete a certain class we defined as morons and lack intellectual ability

  • feebleminded people more likely to commit crimes and become poor
  • deemed as hereditary (only within immigrants and African americans)
  • used to explain divorce, alcoholism etc.
20
Q

what was the reason for this theories dismissal?

A
  • shoddy and fake science (pseudoscience)
  • virtues consistent with racist assumptions
  • self interest of the wealthy that perpetuated it
21
Q

what did policy makers do to rid “feebleminded” people?

A

launched eugenics practices and made women have forced sterilizations to limit their reproduction

  • wendell homes who made a bill pass said “three generations of imbiciles are enough” in term of the landmark case to this bill
22
Q

what is “race law”?

A

laws that maintain racial categories and shape interactions among racial groups

  • legal actors struggled to fix these racial boundaries (who is considered white) as they shifted overtime
  • boundaries driven by instrumental interests
23
Q

how did delgado and stefancic define this interest convergence phenomena?

A

material interest produce the concept of race and determine the content of racial categories

24
Q

what was edwards baptist’s main lens?

A

american slavery and the legal regime were the main ingredients of global capitalism

25
Q

where is the intersection of law, racism and economic interest shown in terms of the textbook?

A
  1. use of criminal justice system to provide black convicts labour to employers
  2. racialization of the chinese (anti chinese)
  3. in the founding fathers
26
Q

what was the main theme from the race narrative of the chinese?

A
  • chinese workers has the bio capacity ot live off of below sub. wages and were unfair competitors to american men
  • also said to require less food and air then normal
27
Q

what is the chinese exclusion law?

A

suspended the entry of all chinese labourers into the US

28
Q

what was taken fro the examples of a groups racialization as nonwhite based on. economic interests?

A
  • africans declaired inferior in order to enslave them
  • american indians dehumanized to facilitate their removal
  • chinese became a yellow peril
29
Q

what is a yellow peril?

A

East Asian peoples were dangerous and uncivilized and that they posed a threat to the racial purity and superiority of Western civilization

30
Q

what brings a change to racial status?

A

upward mobility (increase in the economic ladder)

  • immigrant groups first seen as nonwhite, then experiencing whiteness and then white
31
Q

true or false: if a particular immigrant group is willing to perform low wage work under not good conditions they are seen as non white regardless of skin colour?

A

true

32
Q

what did penner and saperstein find in their study

A

racial identification is not fixed

whiteness is a factor correlating to a persons economic status

33
Q

who did mezey say played a big part in producing racial categories and identities?

A

the US census

additional: also prisons when they sort ppl for housing

34
Q

who did mezey say played a big part in producing racial categories and identities by supplying the options they can chose from?

A

the US census

additional: also prisons when they sort ppl for housing

35
Q

does the process of racialization and identity construction only apply to the US?

A

no it happens everywhere (europe)

36
Q

what does it mean to say that racism is ordinary?

A

it is the usual way that society does business and it is entrenched and difficult to address

37
Q

what two master categories tend to be mutually exclusive to one another?

A

race and gender (women and POC)

38
Q

what are the 2 reasons why crenshaw believes there is an invisibility of women of colour?

A
  1. blames middle class white women for using their experiences as the standard of womanhood
  2. intersectional status (women. of colour) was highlighted in courts only when it disempowered them and became irrelevant when it could have empowered them
39
Q

do the blind see race in the same way as the sighted?

A

yes as visual cues of race are learned through social practices and interaction

40
Q

what does Rios says is part of a youth control complex in terms of targeting black and latino boys and labelling them as delinquent?

A

includes:

the juvenile justice system, schools, families, commercial est. and community centers, groups and services that are assumed to help them

41
Q

what does racialization and stigmatization of black and latino “delinquents” depend on?

A

the perpetuating and entrenched polices and practices that have been at the core of policing and legal institutions

42
Q

what is one consequence of racial profiling, institu. racism and mass incarceration?

A

fear or crime and race anxieties get tangled

eg. tv shows that show african americans as offenders increases white ppls fears but also african americans

43
Q

what are the 2 barriers to having your rights restored of you are a former felon?

A
  1. still own restitution to victims (cant pay off cause cant get a job)
  2. state reduced parole commissions budget
44
Q

what were pagers findings in her study?

A
  • white men with a record and black men without were 3x as likely to find a job over black men who had a record
  • white men has comparable job experiences to black men with no record
44
Q

what were pagers findings in her study?

A
  • white men with a record and black men without were 3x as likely to find a job over black men who had a record
  • white men has comparable job experiences to black men with no record
45
Q

what is white consciousness?

A

individual’s awareness of their racial identity as a white person and the ways in which this identity shapes their experiences and perspectives

  • conceptualizations of whiteness get constructed as the norm (even violent outlaws become glorified)
  • associated with white surpremacy (masters of national space)
46
Q
A

sociology of law (3 decks)

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