Racial Discrimination Criminal Justice System Essays

Racial Discrimination Criminal Justice System Essays-33
Bourdieu highlights how the state of dominator/dominated is not only generated by economic capital (the fact of having at one's disposition a certain amount of material goods), but also by the availability of other forms of capital: "cultural capital" and "social capital".

Bourdieu highlights how the state of dominator/dominated is not only generated by economic capital (the fact of having at one's disposition a certain amount of material goods), but also by the availability of other forms of capital: "cultural capital" and "social capital".

Voluntary discrimination is that which is intentionally enacted by one party towards another, or by legal provisions aimed at creating discriminatory effects, while structural discrimination instead occurs irrespective of the will of legislators to discriminate, originating in the social system and the social circumstances of minority groups.

For a better understanding of this notion, it is useful to refer to a series of works by Pierre Bourdieu, from Les héritiers (1964) to La réproduction (written with Jean Claude Passeron in 1970) and La distinction (1979), up to the more recent La misère du monde (1993), in which he argues the importance of concepts such as economic, social and cultural capital for the analysis of social groups and individual behavior.

Another concept that is demolished by the notion of "race as culture" is that of the existence of "pure races": if "race" is "culture", then the pluralism of "races/cultures" cannot but lead to a mixed-race society, since cultures are not cages into which individuals are locked up once and for all, but "contaminate" one another and are in constant evolution.

This idea, which at first glance might appear abstract and artificial, originates instead from observation of the current dynamics in many contemporary societies, from that of the United States to European and South American ones.

I will then attempt to use the two notions (color-blindness and structural discrimination) to interpret a specific social reality: that of United States and European prison systems.

Neil Gotanda has analyzed the principle of color-blindness in connection with the constitutional history of the United States. Ferguson decision of 1896, in which the Supreme Court upheld the constitutionality of the Southern states' racial segregation system according to the principle that whites and blacks were equal but separate.

It can be found in the decisions of the Supreme Court as well as in the 13th, 14th and 15th Amendments to the Constitution. It can also be found in European directives regarding racial discrimination and in the European Union's Charter of Fundamental Rights, whose Article 21 forbids discrimination based not only on sex, religion, etc. Many European policies aimed at countering discrimination seem to be founded on the principle of the irrelevance of race. Gotanda instead argues the importance of taking "race" into account also for evaluating individual situations since, due to the historical inequality between whites and blacks, adopting the color-blindness principle means ignoring the history of discrimination and therefore of white domination. Gotanda contests the use of the notion of race in a formal sense and encourages that of "race in a historical sense" - which makes it possible to redress discrimination - and of "race in a cultural sense".

The latter is a reminder that racial difference is a positive element, as it contributes to the promotion of diversity and creation of a pluralist society.

Board of Education I decision had held racial segregation to be unconstitutional.

In the Court's view, the 1896 decision had failed to consider the racist character of segregation, which was based on the belief in the inferiority of blacks; yet the color-blindness principle was to be maintained.

SHOW COMMENTS

Comments Racial Discrimination Criminal Justice System Essays

The Latest from sibvet-omsk.ru ©