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Racial Subordination in Latin America
The Role of the State, Customary Law, and the New Civil Rights Response

$103.00 (C)

  • Date Published: October 2012
  • availability: Available
  • format: Hardback
  • isbn: 9781107024861

$ 103.00 (C)

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About the Authors
  • There are approximately 150 million people of African descent in Latin America yet Afro-descendants have been consistently marginalized as undesirable elements of the society. Latin America has nevertheless long prided itself on its absence of U.S.-styled state-mandated Jim Crow racial segregation laws. This book disrupts the traditional narrative of Latin America's legally benign racial past by comprehensively examining the existence of customary laws of racial regulation and the historic complicity of Latin American states in erecting and sustaining racial hierarchies. Tanya Katerí Hernández is the first author to consider the salience of the customary law of race regulation for the contemporary development of racial equality laws across the region. Therefore, the book has a particular relevance for the contemporary U.S. racial context in which Jim Crow laws have long been abolished and a “post-racial” rhetoric undermines the commitment to racial equality laws and policies amidst a backdrop of continued inequality.

    • Provides a comprehensive examination of the entire Latin American region with regard to racial inequality
    • Hernández is the first author to thoroughly consider the role of customary law in erecting and sustaining racial hierarchies
    • Offers a comprehensive examination of development of racial equality laws across the region
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    Reviews & endorsements

    "A hard-hitting, tightly argued examination of present-day racial inequality in Latin America, the roots of that inequality in 19th- and 20th-century state policies, and current efforts to overcome that historical legacy. Hernández definitively lays to rest the notion that Latin American states played no role in the construction and maintenance of white racial privilege."
    George Reid Andrews, Distinguished Professor and Chair, Department of History, University of Pittsburgh

    "Tanya Kateri Hernandez traces the 'myth of racial innocence' in which Latin America shrouds itself, and then she shatters it. This book is a crucial corrective for anyone interested in race in Latin America. Or in the United States, which increasingly proclaims its own mythical innocence."
    Ian Haney Lopez, John H. Boalt Professor of Law, University of California, Berkeley

    "Finally we have a serious, comprehensive, and accessible book on racial matters in Latin America. Professor Hernandez skillfully shows how 'customary law' has been used by states in the region to maintain racial order (i.e., white supremacy) since independence. This is a major contribution and, from now on, no one can believe anymore that racism is not part of the Latin American experience. Bravo Professor Hernandez for a job well done!"
    Eduardo Bonilla-Silva, Professor of Sociology, Center for Latin American and Caribbean Studies, Duke University

    "Racial Subordination in Latin America reveals the folly of post-racial thinking in the United States, where a legal system of segregation and classification are thought to underlie racial difference, inequality, discrimination and segregation. In the minds of post-racialists, such divisions have been presumably laid to rest with the civil rights revolution and the recent election of a black president. By contrast, Latin American countries have rarely used explicit race-based laws to structure their societies. Thus, one could say that 'postracial' societies existed south of the U.S. border long before they did in the U.S. However, racial discrimination and inequality have been rampant throughout that region. With this book, legal scholar Tanya K. Hernandez now compels us to rethink how apparently progressive national ideologies and cultural norms continue to structure deep-seated racism and inequality in modern societies, despite the absence of legal structures."
    Edward E. Telles, Professor of Sociology, Princeton University

    "Hernández has constructed a well-written accessible analysis of racial subordination that deserves a wide audience in and beyond Latin America, especially among policy makers. Summing up: highly recommended. All readership levels."
    C. H. Blake, Choice

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    Product details

    • Date Published: October 2012
    • format: Hardback
    • isbn: 9781107024861
    • length: 258 pages
    • dimensions: 229 x 152 x 16 mm
    • weight: 0.48kg
    • contains: 2 maps 1 table
    • availability: Available
  • Table of Contents

    1. Racial innocence and the customary law of race regulation
    2. Spanish America whitening the race - the un(written) laws of 'blanqueamiento' and 'mestizaje'
    3. Brazilian 'Jim Crow': the immigration law whitening project and the customary law of racial segregation - a case study
    4. The social exclusion of Afro-descendants in Latin America today
    5. Afro-descendant social justice movements and the new anti-discrimination laws
    6. Brazil: at the forefront of Latin American race-based affirmative action policies and census racial data collection
    7. Conclusion: the United States-Latin America connections.

  • Author

    Tanya Katerí Hernández, Fordham University, New York
    Tanya Katerí Hernández is a Professor of Law at Fordham University School of Law, where she teaches comparative employment discrimination, critical race theory, and trusts and estates. She received her AB from Brown University and her JD from Yale Law School, where she served as Note Topics Editor of the Yale Law Journal. Professor Hernández has been awarded a Non-Resident Faculty Fellowship at the Fred T. Korematsu Center for Law and Equality for 2011–13. She has previously served as a Law and Public Policy Affairs Fellow at Princeton University, a Faculty Fellow at the Institute for Research on Women at Rutgers University, and as an Independent Scholar in Residence at the Schomburg Center for Research in Black Culture. In 2011, Professor Hernández was named a Fellow of the American Bar Foundation, and in 2009 she was elected to the American Law Institute. Hispanic Business magazine selected her as one of the 100 Most Influential Hispanics of 2007. Professor Hernández serves on the editorial boards of the Journal of Legal Education, and the Latino Studies Journal published by Palgrave-Macmillian. Professor Hernández's scholarly interest is in the study of comparative race relations and anti-discrimination law, and her work in that area has been published in the California Law Review, Cornell Law Review, Harvard Civil Rights-Civil Liberties Law Review, and the Yale Law Journal amongst other publications.

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