Whiteness as Property
TL;DR: In this article, the authors trace the origins of whiteness as property in the parallel systems of domination of Black and Native American peoples out of which were created racially contingent forms of property and property rights.
Abstract: Issues regarding race and racial identity as well as questions pertaining to property rights and ownership have been prominent in much public discourse in the United States. In this article, Professor Harris contributes to this discussion by positing that racial identity and property are deeply interrelated concepts. Professor Harris examines how whiteness, initially constructed as a form of racial identity, evolved into a form of property, historically and presently acknowledged and protected in American law. Professor Harris traces the origins of whiteness as property in the parallel systems of domination of Black and Native American peoples out of which were created racially contingent forms of property and property rights. Following the period of slavery and conquest, whiteness became the basis of racialized privilege - a type of status in which white racial identity provided the basis for allocating societal benefits both private and public in character. These arrangements were ratified and legitimated in law as a type of status property. Even as legal segregation was overturned, whiteness as property continued to serve as a barrier to effective change as the system of racial classification operated to protect entrenched power. Next, Professor Harris examines how the concept of whiteness as property persists in current perceptions of racial identity, in the law's misperception of group identity and in the Court's reasoning and decisions in the arena of affirmative action. Professor Harris concludes by arguing that distortions in affirmative action doctrine can only be addressed by confronting and exposing the property interest in whiteness and by acknowledging the distributive justification and function of affirmative action as central to that task.
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TL;DR: Critical race theory (CRT) as discussed by the authors is a counter-legal scholarship to the positivist and liberal legal discourse of civil rights, arguing against the slow pace of racial reform in the United States.
Abstract: Critical race theory (CRT) first emerged as a counterlegal scholarship to the positivistand liberal legal discourse of civil rights. This scholarly tradition argues against the slow pace of racial reform in the United States. Critical race theory begins with the notion that racism is normal in American society. It departs from mainstream legal scholarship by sometimes employing storytelling. It critiques liberalism and argues that Whites have been the primary beneficiaries of civil rights legislation.Since schooling in the USA purports to prepare citizens, CRT looks at how citizenship and race might interact. Critical race theory's usefulness in understanding education inequity is in its infancy. It requires a critique of some of the civil rights era's most cherished legal victories and educationalreform movements, such as multiculturalism. The paper concludes with words of caution about the use of CRT in education without a more thorough analysis of the legal literature upon which it is based.
2,995 citations
TL;DR: The authors presented a coherent set of empirical research standards for intersectionality in political science, including race and gender across subfields of political science to present a coherent framework for intersectional research.
Abstract: In the past twenty years, intersectionality has emerged as a compelling response to arguments on behalf of identity-based politics across the discipline. It has done so by drawing attention to the simultaneous and interacting effects of gender, race, class, sexual orientation,andnationaloriginascategoriesofdifference.Intersectionalargumentsandresearchfindingshavehadvaryinglevelsof impact in feminist theory, social movements, international human rights, public policy, and electoral behavior research within political science and across the disciplines of sociology, critical legal studies, and history. Yet consideration of intersectionality as a research paradigm has yet to gain a wide foothold in political science. This article closely reads research on race and gender across subfields of political science to present a coherent set of empirical research standards for intersectionality.
1,334 citations
TL;DR: The authors argue that although racism is rarely explicitly discussed, a normative conceptualization of racism informs the research and that this prevailing conception overly narrow and restrictive, it also denies the spatiality of racism.
Abstract: Geographic studies of environmental racism have focused on the spatial relationships between environmental hazards and community demographics in order to determine if inequity exists. Conspicuously absent within this literature, however, is any substantive discussion of racism. This paper seeks to address this shortcoming in two ways. I first investigate how racism is understood and expressed in the literature. I argue that although racism is rarely explicitly discussed, a normative conceptualization of racism informs the research. Not only is this prevailing conception overly narrow and restrictive, it also denies the spatiality of racism. Consequently, my second goal is to demonstrate how various forms of racism contribute to environmental racism. In addition to conventional understandings of racism, I emphasize white privilege, a highly structural and spatial form of racism. Using Los Angeles as a case study, I examine how whites have secured relatively cleaner environments by moving away from older in...
1,159 citations
TL;DR: The authors introduce a framework to guide researchers into a process of racial and cultural awareness, consciousness, and positionality as they conduct education research, arguing that dangers seen, unseen, and unforeseen can emerge for researchers when they do not pay careful attention to their own and others' racialized and cultural systems of coming to know, knowing, and experiencing the world.
Abstract: This author introduces a framework to guide researchers into a process of racial and cultural awareness, consciousness, and positionality as they conduct education research. The premise of the argument is that dangers seen, unseen, and unforeseen can emerge for researchers when they do not pay careful attention to their own and others’ racialized and cultural systems of coming to know, knowing, and experiencing the world. Education research is used as an analytic site for discussion throughout this article, but the framework may be transferable to other academic disciplines. After a review of literature on race and culture in education and an outline of central tenets of critical race theory, a nonlinear framework is introduced that focuses on several interrelated qualities: researching the self, researching the self in relation to others, engaged reflection and representation, and shifting from the self to system.
1,064 citations
TL;DR: Jasmine asserted that racism is prevalent in students at Wells Academy, an elite, pre-ership activities and was an athlete as discussed by the authors and was also very active in school leadership thatWells Academy is located in a major city activities.
Abstract: J asmine,' an African-American 9thexamining the educational experiences of cluding areas that can be considered upper grade student, described the racial and African-American students. Critical Race class, middle class, and less affluent areas. cultural climate at Wells Academy, an Theory (CRT) is a useful perspective from Most of the African American students, elite, predominately White, independent which to explore such phenomena. In this however, are considered middle class.2 school. She stated, "Everybody knows that article, we will illustrate how CRT can be Two such African-American students racism exists and that people are racist. So used to examine the experiences of were Malcolm and Barbara. Malcolm was when it comes out, they [faculty and stuAfrican-American students. We will use a 17-year-old senior from a middle-class dents] aren't that surprised that it is there." the counterstories of African-American family. He was very active in school leadAs Jasmine asserted, racism is prevalent in students at Wells Academy, an elite, preership activities and was an athlete. Barall aspects of society, with schools not dominately White, independent school. bara was an 18-year-old recent graduate being an exception. However, what is Wells Academy from a prominent, upper-class family. She most interesting about her statement is was also very active in school leadership thatWells Academy is located in a major city activities. Both students were very proud monplace within the school walls that in an affluent, predominately White area of their African-American heritage and monplace within the school walls that in the southeastern United States. Propoften participated in the African-Ameriwhen it appears, e erty values in this community range from can cultural activities at Wells. has already begun to understand the per$450,000 to over $3 million. Wells has Because of Malcolm's and Barbara's
1,014 citations