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Law Lawyers and Race Critical Race Theory from the US to Europe 1st Edition by Mathias Moschel ISBN 0415739306 9780415739306

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Author(s): Mathias Möschel
ISBN(s): 9780415739306, 0415739306
Edition: 1
File Details: PDF, 1.18 MB
Year: 2014
Language: english
SKU: EB-5147948 Categories: , Tag:

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ISBN 10: 0415739306 
ISBN 13: 9780415739306
Author: Mathias Moschel

Critical Race Theory (CRT) is virtually unheard of in European scholarship, especially among legal scholars. Law, Lawyers and Race: Critical Race Theory from the United States to Europe endeavours to fill this gap by providing an overview of the definition and consequences of CRT developed in American scholarship and describing its transplantation and application in the continental European context. The CRT approach adopted in this book illustrates the reasons why the relationship between race and law in European civil law jurisdictions is far from anodyne. Law plays a critical role in the construction, subordination and discrimination against racial minorities in Europe, making it comparable, albeit in slightly different ways, to the American experience of racial discrimination. Anti-Semitism, Islamophobia, anti-Roma and anti-Black racism constitute a fundamental factor, often tacitly accepted, in the relationship between law and race in Europe. Consequently, the broadly shared anti-race and anti-racist position is problematic because it acts to the detriment of victims of racism while privileging the White, Christian, male majority. This book is an original exploration of the relationship between law and race. As such it crosses the disciplinary divide, furthering both legal scholarship and research in Race and Ethnicity Studies.

Law Lawyers and Race Critical Race Theory from the US to Europe 1st Table of contents:

Chapter 1 Critical Race Theory The historical context
1.1 Timeline 1 – history of American racial minorities
1.1.1 African Americans
1.1.2 Native Americans
1.1.3 Asian Americans
1.1.4 Latinos
1.2 Timeline 2 – history of American legal movements
Chapter 2 Critical Race Theory Its genealogy and writings
2.1 Description of Critical Race Theory
2.1.1 Brief institutional history
2.1.2 Crt’s literature and main tenets
2.2 Critiques of Critical Race Theory
2.2.1 Internal critiques
2.2.2 External critiques
2.3 Developments of Critical Race Theory
Chapter 3 Transplanting Critical Race Theory to europe
3.1 Travelling legal scholarship or theory
3.1.1 Travelling theory
3.1.2 Legal transplants
3.1.3 Existing Crt transplants
3.2 Underlying factors impeding a successful transfer of CRT
3.2.1 The presence or absence of functional analogues
3.2.2 ‘External’ conceptual-historical factors
3.2.3 ‘Internal’ legal-academic factors
Chapter 4 Towards a European Critical Race Theory
4.1 Constructing a European CRT
4.1.1 Theoretical factors favouring a CRT transplant to Europe
4.1.2 Deconstructing narratives on race and racism in mainland Europe
4.1.3 Anti-white racism
4.2 Continental European colourblindness
4.2.1 The legally and politically constructed absence of race
Chapter 5 Contextualising a European Critical Race Theory
5.1 The legal discrimination of the Roma
5.1.1 A brief history of persecution against the Roma
5.1.2 Law’s contemporary discriminatory contribution
5.2 French colourblindness
5.2.1 Legal use of race and ethnicity in an anti-discriminatory mode
5.2.2 Legal use of race and ethnicity in a repressive mode
5.3 Italy’s legal construction of a White, Christian, male identity
5.3.1 Local (and national) measures targeting migrants
5.3.2 The Italian version of burqa bans in public spaces
5.3.3 The overtly racial and ethnic aspect of local measures on migrants
Conclusions
Bibliography
Books, book chapters, dictionaries, encyclopedias and theses
Journal articles and journal issues
Miscellaneous sources
Official reports, studies, decisions, parliamentary debates/hearings/questions, speeches, and press releases

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