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White by Law: The Legal Construction of Race (Critical America (New York University Paperback))
 
 
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White by Law: The Legal Construction of Race (Critical America (New York University Paperback)) [Paperback]

Ian Lopez (Author)
3.9 out of 5 stars  See all reviews (7 customer reviews)


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Book Description

Critical America (New York University Paperback) August 1, 1997

Lily white. White knights. The white dove of peace. White lie, white list, white magic. Our language and our culture are suffused, often subconsciously, with positive images of whiteness. Whiteness is so inextricably linked with the status quo that few whites, when asked, even identify themselves as such. And yet when asked what they would have to be paid to live as a black person, whites give figures running into the millions of dollars per year, suggesting just how valuable whiteness is in American society.

Exploring the social, and specifically legal origins, of white racial identity, Ian F. Haney Lopez here examines cases in America's past that have been instrumental in forming contemporary conceptions of race, law, and whiteness. In 1790, Congress limited naturalization to white persons. This racial prerequisite for citizenship remained in force for over a century and a half, enduring until 1952. In a series of important cases, including two heard by the United States Supreme Court, judges around the country decided and defined who was white enough to become American.

White by Law traces the reasoning employed by the courts in their efforts to justify the whiteness of some and the non- whiteness of others. Did light skin make a Japanese person white? Were Syrians white because they hailed geographically from the birthplace of Christ? Haney Lopez reveals the criteria that were used, often arbitrarily, to determine whiteness, and thus citizenship: skin color, facial features, national origin, language, culture, ancestry, scientific opinion, and, most importantly, popular opinion.

Having defined the social and legal origins of whiteness, White by Law turns its attention to white identity today and concludes by calling upon whites to acknowledge and renounce their privileged racial identity.



Editorial Reviews

From Publishers Weekly

In this study, narrowly academic yet intriguing, Lopez, who teaches law at the University of Wisconsin, examines early-20th-century cases in which courts sought to determine who qualified as white for the purposes of citizenship and naturalization. His conclusion: whiteness is "a complex, falsely homogenizing term." For example, he shows how courts issued contradictory decisions regarding the whiteness of groups such as Syrians, Armenians and Asian Indians; some followed scientific evidence, while most ultimately relied on "common knowledge," thus finding many reasons?including culture and political sophistication?to reject foreigners who might be Caucasian. This leads the author to argue, a bit thinly, that whites must pursue a "self-deconstructive" race consciousness to pursue racial justice. Thus, whites must recognize the racial aspects of their privileged identity and daily engage in "choosing against Whiteness"; one example would be to resist racist slurs, even to the point of claiming a nonwhite racial identity when hearing them.
Copyright 1995 Reed Business Information, Inc. --This text refers to an out of print or unavailable edition of this title.

From Library Journal

Words carry social connotations. Some, like "lily white," have positive connotations. With this sense of "whiteness" as his thesis, Lopez (law, Univ. of Wisconsin) writes of the law's recognition of a white racial identity. He focuses on a series of cases, from 1878 to 1944, known as the "racial prerequisite cases." In those cases, state and federal courts sought to define characteristics of "whiteness" necessary to qualify an immigrant for naturalization as a U.S. citizen. Lopez concludes that the basis of today's racial inequality is to be found in the privileged status accorded to white Americans because of this legally sanctioned white racial identity. Sure to be controversial, this book will find a deserved place in academic libraries. The general reader might be advised to turn to Andrew Hacker's Two Nations (LJ 3/15/92), John Hope Franklin's The Color Line (LJ 3/1/93), and Cornel West's Race Matters (LJ 3/15/93).?Jerry E. Stephens, U.S. Court of Appeals Lib., Oklahoma City
Copyright 1995 Reed Business Information, Inc. --This text refers to an out of print or unavailable edition of this title.

Product Details

  • Paperback: 296 pages
  • Publisher: NYU Press (August 1, 1997)
  • Language: English
  • ISBN-10: 0814751377
  • ISBN-13: 978-0814751374
  • Product Dimensions: 9.1 x 5.9 x 0.7 inches
  • Shipping Weight: 14.4 ounces
  • Average Customer Review: 3.9 out of 5 stars  See all reviews (7 customer reviews)
  • Amazon Best Sellers Rank: #424,514 in Books (See Top 100 in Books)

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Average Customer Review
3.9 out of 5 stars (7 customer reviews)
 
 
 
 
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24 of 28 people found the following review helpful:
5.0 out of 5 stars Passionate and Thoughtful, December 2, 2000
This review is from: White by Law: The Legal Construction of Race (Critical America (New York University Paperback)) (Paperback)
Some writers are passionate, but not well researched. Others are well researched, but make for a boring read. Fortunately, Ian F. Haney Lopez is both passionate and thoughtful. Best of all, he writes in such a way that arouses passion and thought in his audience. Another strength of this book is that it provides a good balance between teaching us about the historical context of "whiteness" and a well-articulated argument about why such a historical understanding is important to us today. This book is so impressive that my training partners and I now quote from it as part of our anti-racism training program.
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10 of 13 people found the following review helpful:
4.0 out of 5 stars Debunking Attacks, December 25, 2003
This review is from: White by Law: The Legal Construction of Race (Critical America (New York University Paperback)) (Paperback)
One of the many attacks Lopez receives regarding White By Law is his alleged "white pessimism" that keeps him from genuinly wanting to deconstruct whiteness, because he would lose his White benefits. This is backed up by his many contradictions throughout the book. Though I agree he does contradict himself quite often, he does not cave into the idea of White superioroity as some critics on this page say. Critics of Lopez who are well versed in Race Theory and who want to deconstruct whiteness, fault him for simotaneously stating that whiteness is a "fantasy" and yet still "exists." To put it in common-man's English, this makes sense. Whiteness DOES exist, but only as a socially constructed idea. To blindly say that Race does not exist in any form is like saying that Liberalism doesn't exist. I mean, you can't touch liberalism. There is no genetic way of identifying liberals. Same with religion. Catholocism doesn't really exist, only in social construct. Critics of Lopez would have him write his entire book with out mention of racial existance because acknowledging race would go against Critical Race Theory. However, this book was not written to be read solely by the most enlightened intellectuals. It was written for any lay-person with a vocabulary large enough to understand it (which should be everyone, but sadly isn't.)
One point I would agree with critics on is that White By Law has large moments of useless contradictory ranting. This is especially obnoxious to the average American who is trying to educate themselves. If Lopez wants to gain more support for his theories, he needs to take the first step in the new intellectual revolution: the uniting between scholars and the average-joe's and the removal of the painfully obvious elitest attitude in the intellectual world. A book more to the point would be a great resource for the masses.
Overall, the book is beneficial. Lopez is not absorbed in his own personal conflict. He admits the painful truth, that race does exist in America. A critical race thesis should read as this "Race exists right now, but it didn't used to and it doesn't have to anymore."
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16 of 22 people found the following review helpful:
5.0 out of 5 stars Best analysis of the essence of "white skin privilege", July 31, 1997
By A Customer
Mr. Lopez does a great service for those white people who have a genuine interest in examining the sources of their color based privileges. Lopez 's depth analysis of the tacit forms of knowledge that sustain the social relationships between the oppressor and the oppressed; the dominant and subordinate cultures, gives the reader enough insight and direction to begin their own self examination. It's a must read for those who want to develop an alternative to a world permeated with racism
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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
law constructs race, prerequisite cases, positive white racial identity, racial remediation, prerequisite courts, prerequisite laws, white race consciousness, racial prerequisites, superior opposite, racial choices, naturalization statute, racial future, birthright citizenship, legal construction, unconscious racism, free white persons, racial beliefs, legal actors, critical race theory, own racial identity
Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Supreme Court, Asian Indians, Jim Crow, African Americans, Civil War, Native Americans, Gee Hop, Latin American, South Asians, Dred Scott, North America, Bhagat Singh Thind, South Carolina, White Lines, Ali Yup, Takao Ozawa, Barbara Flagg, Richard Ford, Asian Americans, Derrick Bell, World War
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