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Law and the Cultural Production of Race and Racialized Systems of Oppression

Early American Court Cases

Miami University

America, to the extent that it is a nation of laws, must be understood within the context of these laws. Unfortunately, these laws have not always conformed to the ideals associated with the principles of life, liberty, and the pursuit of happiness. Through much of our history, the law has served to protect a racialized elite from competition from another racialized nonelite. Race and racialized sociopolitical systems of inequality have served to structure American society since its inception. Ignoring the rhetoric of freedom, justice, and equality for all, America developed laws that were distinctively racial in character, substance, and operation. This article demonstrates the exact period, conditions, and processes whereby racism and racist social structures came into being. It is argued that laws and the legal record represent uniquely cultural elements of America. As such, they demonstrate the cultural production of race and racialized systems of oppression.

Key Words: culture • law • race • racialized oppression

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