Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Monday, April 8, 2013

110: David Delaney's Race, Place and the Law

In Race, Place, and the Law, 1836-1948, David Delaney shows how race, place, and the law are both socially constructed and mutually constitutive.  Working primarily from the legal history of racialized landscapes in the United States, he argues that law was critical to the shaping of these landscapes because it considered itself abstract but was intimately involved in constructing geographies of power.  Lawyers and judges ratified property lines and interpreted and upheld boundaries.  Thankfully, as he shows, the same supposed abstraction that gave the law authority to create racialized landscapes also gave it the power to destroy them.  Delaney thus complicates the role of the US legal system in the construction of racialized landscapes of power that affected (and still affect) all Americans.

Delaney argues that racism from 1836-1948 was spatialized, or enacted on and through the landscape, and supported by the legal system.  Spatialized racism changed dramatically over time, however.  Before the Civil War, it generally took the form of white territoriality versus black mobility - as evinced, for instance, in cases where