Read Whiteness as Property

Whiteness as Property

Cheryl I. Harris

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Description:The legal legacy of slavery and of the seizure of land from Native American peoples is not merely a regime of property law that is (mis)informed by racist and ethnocentric themes. Rather, the law has established and protected an actual property interest in whiteness itself, which shares the critical characteristics of property and accords with the many and varied theoretical descriptions of property.Although by popular usage property describes "things" owned by persons, or the rights of persons with respect to a thing, the concept of property prevalent among most theorists, even prior to the twentieth century, is that property may "consist[] of rights in 'things' that are intangible, or whose existence is a matter of legal definition." Property is thus said to be a right, not a thing, characterized as metaphysical, not physical. The theoretical bases and conceptual descriptions of property rights are varied, ranging from first possessor rules, to creation of value, to Lockean labor theory, to personality theory, to utilitarian theory. However disparate, these formulations of property clearly illustrate the extent to which property rights and interests embrace much more than land and personalty. Thus, the fact that whiteness is not a "physical" entity does not remove it from the realm of property.Whiteness is not simply and solely a legally recognized property interest. It is simultaneously an aspect of self-identity and of personhood, and its relation to the law of property is complex. Whiteness has functioned as self- identity in the domain of the intrinsic, personal, and psychological; as reputation in the interstices between internal and external identity; and, as property in the extrinsic, public, and legal realms. According whiteness actual legal status converted an aspect of identity into an external object of property, moving whiteness from privileged identity to a vested interest. The law's construction of whiteness defined and affirmed critical aspects of identity (who is white); of privilege (what benefits accrue to that status); and, of property (what legal entitlements arise from that status). Whiteness at various times signifies and is deployed as identity, status, and property, sometimes singularly, sometimes in tandem.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Whiteness as Property. To get started finding Whiteness as Property, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

Pages: 85

Format: PDF, EPUB & Kindle Edition

Publisher: Harvard law Review Association

Release: 1993

ISBN

Description: The legal legacy of slavery and of the seizure of land from Native American peoples is not merely a regime of property law that is (mis)informed by racist and ethnocentric themes. Rather, the law has established and protected an actual property interest in whiteness itself, which shares the critical characteristics of property and accords with the many and varied theoretical descriptions of property.Although by popular usage property describes "things" owned by persons, or the rights of persons with respect to a thing, the concept of property prevalent among most theorists, even prior to the twentieth century, is that property may "consist[] of rights in 'things' that are intangible, or whose existence is a matter of legal definition." Property is thus said to be a right, not a thing, characterized as metaphysical, not physical. The theoretical bases and conceptual descriptions of property rights are varied, ranging from first possessor rules, to creation of value, to Lockean labor theory, to personality theory, to utilitarian theory. However disparate, these formulations of property clearly illustrate the extent to which property rights and interests embrace much more than land and personalty. Thus, the fact that whiteness is not a "physical" entity does not remove it from the realm of property.Whiteness is not simply and solely a legally recognized property interest. It is simultaneously an aspect of self-identity and of personhood, and its relation to the law of property is complex. Whiteness has functioned as self- identity in the domain of the intrinsic, personal, and psychological; as reputation in the interstices between internal and external identity; and, as property in the extrinsic, public, and legal realms. According whiteness actual legal status converted an aspect of identity into an external object of property, moving whiteness from privileged identity to a vested interest. The law's construction of whiteness defined and affirmed critical aspects of identity (who is white); of privilege (what benefits accrue to that status); and, of property (what legal entitlements arise from that status). Whiteness at various times signifies and is deployed as identity, status, and property, sometimes singularly, sometimes in tandem.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Whiteness as Property. To get started finding Whiteness as Property, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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Whiteness as Property

Whiteness as Property

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