Mixed Race Studies

Administering Identity: The Determination of Race in Race-Conscious Law

California Law Review
Volume 82, Issue 5 (1994)
pages 1231-1285

Christopher A. Ford

Modern American anti-discrimination law seeks to remedy the effects of racial and ethnic prejudice by ensuring equality in areas such as political access and employment opportunity. In this effort, the concept of race is central both to identifying and to rectifying the effects of prejudice. Various economic and social benefits, for example, are awarded based upon injuries and solutions defined with reference to racial categories. Race and ethnicity, however, are today recognized as being largely social constructs with little empirical or scientific basis. This dichotomy between the importance of race classification to anti-discrimination law and its fundamental indeterminacy creates what the author calls a core dilemma of modem race-conscious law: the difficulties of how we “administer race.” He explores two related questions bearing on this dilemma. How should the law-indeed, can the law-intelligibly define the nature and boundaries of the groups to whom remedial preferences are addressed? Furthermore, can the law “accurately” sort individuals into these groups once they have been defined? The author explores the approaches several different group conscious programs and legal regimes have taken in attempting to deal with these questions, from methods employed in sex and Native American classification to the systems of classification used in the Jim Crow South, in modem India and in South Africa during the apartheid era.

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The Black/White Binary Paradigm of Race: The Normal Science of American Racial Thought

California Law Review
Volume 85, Issue 5 (1997)
pages 1213-1258

Juan F. Perea, Cone, Wagner, Nugent, Johnson, Hazouri & Roth Professor of Law
University of Florida

This Article is about how we are taught to think about race. In particular, I intend to analyze the role of books and texts on race in structuring our racial discourse. I believe that much writing on racism is structured by a paradigm that is widely held but rarely recognized for what it is and what it does. This paradigm shapes our understanding of what race and racism mean and the nature of our discussions about race. It is crucial, therefore, to identify and describe this paradigm and to demonstrate how it binds and organizes racial discourse, limiting both the scope and the range of legitimate viewpoints in that discourse.

In this Article, I identify and criticize one of the most salient features of past and current discourse about race in the United States, the Black/White binary paradigm of race. A small but growing number of writers have recognized the paradigm and its limiting effect on racial discourse. I believe that its dominant and pervasive character has not been well established nor discussed in legal literature.

I intend to demonstrate the existence of a Black/White paradigm and to show its breadth and seemingly pervasive ordering of racial discourse and legitimacy. Further, I intend to show how the Black/White binary paradigm operates to exclude Latinos/as from full membership and participation in racial discourse, and how that exclusion serves to perpetuate not only the paradigm itself but also negative stereotypes of Latinos/as. Full membership in society for Latinos/as will require a paradigm shift away from the binary paradigm and towards a new and evolving understanding of race and race relations.

This Article illustrates the kind of contribution to critical theory that the emergent Latino Critical Race Studies (LatCrit) movement may make. This movement is a continuing scholarly effort, undertaken by Latino/a scholars and other sympathetic scholars, to examine critically existing structures of racial thought and to identify how these structures perpetuate the subordinated position of Latinos/as in particular. LatCrit studies are, then, an extension and development of critical race theory (and critical theory generally) that focus on the previously neglected areas of Latino/a identity and history and the role of racism as it affects Latinos/as.

I identify strongly, and self-consciously, as a Latino writer and thinker. It is precisely my position as a Latino outsider, neither Black nor White, that makes possible the observation and critique presented in this Article. My critique of the Black/White binary paradigm of race shows this commonly held binary understanding of race to be one of the major impediments to learning about and understanding Latinos/as and their history. As I shall show, the paradigm also creates significant distortions in the way people learn to view Latinos/as.

I begin with a review of the principal scientific theory that describes the nature of paradigms and the power they exert over the formation of  knowledge. I then analyze important, nationally recognized books on race to reveal the binary paradigm of race and the way it structures race thinking. After reviewing these popular and scholarly books on race, I analyze a leading casebook on constitutional law. Like other books, textbooks on constitutional law are shaped by the paradigm and reproduce it. Then, by describing some of the legal struggles Latinos/as have waged, I will demonstrate that paradigmatic presentations of race and struggles for equality have caused significant omissions with undesirable repercussions. Thus, I demonstrate the important role that legal history can play in both correcting and amplifying the Black/White binary paradigm of race…

…In his chapter on “Malcolm X and Black Rage” [Cornel] West describes Malcolm X’s fear of cultural hybridity, the blurring of racial boundaries that occurs because of racial mixture. Malcolm X saw such hybridity, exemplified by mulattoes, as “symbols of  weakness and confusion.” West’s commentary on Malcolm X’s views gives us another statement of the binary paradigm: “The very idea of not ‘fitting in’ the U.S. discourse of positively valued whiteness and negatively debased blackness meant one was subject to exclusion and marginalization by whites and blacks.” Although the context of this quotation is about Black/White mulattoes, West’s observation is crucial to an understanding of why Latinos/as, neither claiming to be, nor being, White or Black, are perpetually excluded and marginalized. The reified binary structure of discourse on race leaves no room for people of color who do not fit the rigid Black and White boxes supplied by the paradigm. Furthermore, most Latinos/as are mixed race mestizos or mulattoes, who therefore embody the kind of racial mixture that Malcolm X, and, I would argue, society generally tends to reject. West’s observation about mixed-race people who do not fit within traditional U.S. discourse about race applies in full measure to Latinos/as…

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The Policing of Race Mixing: The Place of Biopower within the History of Racisms

Journal of Bioethical Inquiry
Volume 7, Number 2 (2010)
pages 205-216
DOI: 10.1007/s11673-010-9224-8

Robert Bernasconi, Edwin Erle Sparks Professor of Philosophy and African American Studies
Pennsylvania State University

In this paper I investigate a largely untold chapter in the history of race thinking in Northern Europe and North America: the transition from the form of racism that was used to justify a race-based system of slavery to the medicalising racism which called for segregation, apartheid, eugenics, and, eventually, sterilization and the holocaust. In constructing this history I will employ the notion of biopower introduced by Michel Foucault. Foucault’s account of biopower has received a great deal of attention recently, but because what he actually has to say about race tends to be vague and radically incomplete, many race theorists have been critical of his contribution. However, even if the account of the holocaust in terms of biopower is incomplete, there is still a great deal to be learned from Foucault’s identification of this biologizing, or medicalising racism.

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U.S. Poet Laureate Natasha Trethewey coming to campus

East Carolina University
Greenville, North Carolina
2012-10-24 through 2012-10-25

United States Poet Laureate Natasha Trethewey will be on campus Oct. 24-25 as part of the Contemporary Writers Series. A native of Gulfport, Miss., Trethewey was awarded the Pulitzer Prize for poetry in 2006. She is professor of English at Emory University; she was named the 19th U.S. Poet Laureate in June.
 
Trethewey is the first Southerner to hold the post since Robert Penn Warren, the first poet laureate, and the first African-American since Rita Dove in 1993.
 
The Contemporary Writers Series aims to expose students and other readers to award-winning fiction and nonfiction writers, translators and poets…

For more information, click here.

Meet Steve Riley—Creator of Mixed Race Studies

Mixed Race Radio
Wednesday, 2012-07-18, 16:00Z (12:00 EDT, 09:00 PDT, 17:00 BST)

Tiffany Rae Reid, Host

Join us as we meet Steven Riley, creator of MixedRaceStudies.org which is a non-commercial website that provides a gateway to contemporary interdisciplinary English language scholarship about the relevant issues surrounding the topic of multiracialism. The site has nearly 4,500 posts which consists of links to over +2,400 articles, ≈800 books, 500 dissertations/papers/reports, ≈200 multimedia items, 200 quotes/excerpts, etc. The site has been called the “most comprehensive and objective clearinghouse for scholarly publications related to critical mixed-race theory” by a leading scholar in the field.

Steve has been an Information Technology professional for 25 years in the D.C. area and is currently Director of Database Development and Design at a trade association in Washington D.C.  His areas of expertise are application programming, database and website development.

When he is not developing software applications, he spends his time at home in Silver Spring, Maryland with his artist wife Julia of 25 years (the best thing that ever happened to him) working on his photography and reading books on history and sociology.

Download the episode here (00:45:05).

Black Like Obama: What the Junior Illinois Senator’s Appearance on the National Scene Reveals About Race in America, and Where We Should Go from Here

Thurgood Marshall Law Review
Volume 31 (2005)
pages 79-100

Amos N. Jones, Professor of Law
Campbell University, Raleigh, North Carolina

Given Americans’ warm bipartisan response to Senator Barack Obama’s keynote address at the 2004 Democratic National Convention, the realist is constrained to applaud with them. The fact that voters of all ethnicities enthusiastically back a man apparently black who, at first glance, is fairly critical of the status quo indicates that the country is more open-minded than it used to be. Once the applause has subsided, however, the realist is further constrained to take a hard look at the facts as opposed to the rhetoric accompanying Obama’s stardom. His globetrotting memoir and media appearances, while uplifting and entertaining, have proved unsatisfactory in delivering the obviously critical thinker’s original answer to the big question that has remained unaddressed since the euphoria of 2004, when numerous journalists proclaimed Obama the new black political hope: When, how, and why did Barack Obama become black?

This essay contextualizes Obama’s popular personal story within the messy legal and social framework created by centuries of slavery and Jim Crow segregation in America. It opens with a summary of Obama’s identity as presented in his autobiography republished in 2004 and proceeds through a specific review of racial classifications in American legal history, raising the question whether Obama should even be counted as a black man. After explaining the history of the “one-drop rule” given legal force by a rarely considered holding of Plessy v. Ferguson that remains good law even today, the essay criticizes the thoughtless imposition of the black label upon Obama, suggesting possible reasons for his allowing Americans to minimize or ignore his substantially more dominant white heritage. Without suggesting specific regimes for categorization, the essay concludes by arguing that the time has come for public and private law to recognize different degrees of blackness, especially now that the country’s census allows Americans to categorize themselves in more than one racial group…

Read the entire article here.

Pictures and Progress: Early Photography and the Making of African American Identity

Duke University Press
2012
400 pages
71 photographs
Paperback ISBN: 978-0-8223-5085-9
Cloth ISBN: 978-0-8223-5067-5

Edited by:

Maurice O. Wallace, Associate Professor of English and African & African American Studies
Duke University

Shawn Michelle Smith, Associate Professor of Visual and Critical Studies
School of the Art Institute of Chicago

Pictures and Progress explores how, during the nineteenth century and the early twentieth, prominent African American intellectuals and activists understood photography’s power to shape perceptions about race and employed the new medium in their quest for social and political justice. They sought both to counter widely circulating racist imagery and to use self-representation as a means of empowerment. In this collection of essays, scholars from various disciplines consider figures including Frederick Douglass, Sojourner Truth, Ida B. Wells, Paul Laurence Dunbar, and W. E. B. Du Bois as important and innovative theorists and practitioners of photography. In addition, brief interpretive essays, or “snapshots,” highlight and analyze the work of four early African American photographers. Featuring more than seventy images, Pictures and Progress brings to light the wide-ranging practices of early African American photography, as well as the effects of photography on racialized thinking.

Contributors. Michael A. Chaney, Cheryl Finley, P. Gabrielle Foreman, Ginger Hill, Leigh Raiford, Augusta Rohrbach, Ray Sapirstein, Suzanne N. Schneider, Shawn Michelle Smith, Laura Wexler, Maurice O. Wallace

Table of Contents

• Acknowledgments
• Introduction: Pictures and Progress / Maurice O. Wallace and Shawn Michelle Smith
• 1. “A More Perfect Likeness”: Frederick Douglass and the Image of the Nation / Laura Wexler
• 2. “Rightly Viewed”: Theorizations of the Self in Frederick Douglass’s Lecture on Pictures / Ginger Hill
• 3. Shadow and Substance: Sojourner Truth in Black and White / Augusta Rohrbach
  • Snapshot 1. Unredeemed Realities: Augustus Washington / Shawn Michelle Smith
• 4. Mulatta Obscura: Camera Tactics and Linda Brent / Michael Chaney
• 5. Who’s Your Mama?: “White” Mulatta Genealogies, Early Photography, and Anti-Passing Narratives of Slavery and Freedom / P. Gabrielle Foreman
• 6. Out from Behind the Mask: Paul Laurence Dunbar, the Hampton Institute Camera Club, and Photographic Performance of Identity / Ray Sapirstein
  • Snapshot 2. Reproducing Black Masculinity: Thomas Askew / Shawn Michelle Smith
• 7. Louis Agassiz and the American School of Ethnoeroticism: Polygenesis, Pornography, and Other “Perfidious Influences” / Suzanne Schneider
• 8. Framing the Black Soldier: Image, Uplift, and the Duplicity of Pictures / Maurice O. Wallace
  • Snapshot 3. Unfixing the Frame(-up): A. P. Bedou / Shawn Michelle Smith
• 9. “Looking at One’s Self through the Eyes of Others”: W. E. B. Du Bois’s Photographs for the Paris Exposition of 1900 / Shawn Michelle Smith
• 10. Ida B. Wells and the Shadow Archive / Leigh Raiford
  • Snapshot 4. The Photographer’s Touch: J. P. Ball / Shawn Michelle Smith
• 11. No More Auction Block for Me! / Cheryl Finley
• Bibliography
• Contributors
• Index

Unbecoming Blackness: The Diaspora Cultures of Afro-Cuban America

New York University Press
November 2012
272 pages
10 halftones
Cloth ISBN: 9780814765463
Paper ISBN: 9780814765470

Antonio López, Assistant Professor of English
George Washington University

In Unbecoming Blackness, Antonio López uncovers an important, otherwise unrecognized century-long archive of literature and performance that reveals Cuban America as a space of overlapping Cuban and African diasporic experiences.

López shows how Afro-Cuban writers and performers in the U.S. align Cuban black and mulatto identities, often subsumed in the mixed-race and postracial Cuban national imaginaries, with the material and symbolic blackness of African Americans and other Afro-Latinas/os. In the works of Alberto O’Farrill, Eusebia Cosme, Rómulo Lachatañeré, and others, Afro-Cubanness articulates the African diasporic experience in ways that deprive negro and mulato configurations of an exclusive link with Cuban nationalism. Instead, what is invoked is an “unbecoming” relationship between Afro-Cubans in the U.S and their domestic black counterparts. The transformations in Cuban racial identity across the hemisphere, represented powerfully in the literary and performance cultures of Afro-Cubans in the U.S., provide the fullest account of a transnational Cuba, one in which the Cuban American emerges as Afro-Cuban-American, and the Latino as Afro-Latino.

Crimes of passing: The criminalization of blackness and miscegenation in United States passing narratives

University of California, Los Angeles
2005
158 pages
Publication Number: AAT 3175169
ISBN: 9780542133046

Susan Elaine Bausch

A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in Comparative Literature

Between approximately 1880 and 1925, large numbers of legally black Americans crossed the color line and identified as white; in common parlance, they “passed.” After Reconstruction, the South attempted to legislate the separation of the races by enacting “Jim Crow” laws that mandated segregation and prohibited miscegenation (at least within marriage). This meant that many passers were not just violating a social taboo by crossing the color line, they were also breaking the law. Even in the North, there were some anti-miscegenation laws on the books, although convention and prejudice probably played a bigger role in limiting mixed-race marriages. In effect, these laws made it a crime for a black person to do what a white person did, which means that blackness itself was criminalized.

Table of Contents

• Acknowledgements
• Introduction
• Chapter One: Imitation White and Secret Murderers: The Criminalization of Blackness in Mark Twain’s Pudd’nhead Wilson
• Chapter Two: Feminine Transgressions: Crossing Racial and Sexual Boundaries in Nella Larsen’s Passing and the Rhinelander Case
• Chapter Three: Passing for What?: Joe Christmas’s Racial Uncertainty and Criminal Fate in William Faulkner’s Light in August
• Chapter Four: A Passing Success: The Cost of Mobility in James Weldon Johnson’s The Autobiography of an Ex-Coloured Man
• Conclusion
• Works Cited

Purchase the dissertation here.

“May she read liberty in your eyes?” Beecher, Boucicault and the Representation and Display of Antebellum Women’s Racially Indeterminate Bodies

Journal of Dramatic Theory and Criticism
Volume 26, Number 2, Spring 2012
pages. 127-144
DOI: 10.1353/dtc.2012.0007

Lisa Merrill, Professor of Speech Communication, Rhetoric, Performance Studies
Hofstra University, Hempstead, New York

Prelude

In 1856 Reverend Henry Ward Beecher, an avid abolitionist, first used the pulpit of his Brooklyn church as the site from which he staged mock slave auctions of young biracial enslaved girls. Beecher enacted several such performances in the lead-up to the Civil War. Appealing to his congregation at Plymouth Church (the basement of which functioned as the “Grand Central Depot” of the Underground Railroad), Beecher banked on his congregation’s empathy, and enacted what his wife later described as “an object lesson in Southern slavery . . . so that everybody could see what slave-dealing really meant, and might be stirred to help pay for the liberation of the victims of a system that was sanctioned by American law, but condemned by the law of God.”

At the same time that Beecher staged his “mock slave auctions” of actual enslaved girls, however, images of enslaved and fugitive African Americans occupied different places in the social imaginary of mid-nineteenth-century Americans and Britons. Audiences encountered representations of the plight of enslaved Black Americans in the contexts of the popular theatre (where they were portrayed by white actors), or the abolition platform where fugitive and free African Americans shared narratives of their escape. While crafting their appeals explicitly to provoke the emotional response of their audiences, abolitionists like Beecher often expressed ambivalent relationships to theatricality and those tools of performance deemed appropriate to the stage venues, rather than speakers’ platforms.

In the first section of this essay I examine Beecher’s staging of “mock auctions,” his use of his church for their setting, his embodiment of the role of the minister as both liberator and “salesman” (of faith, of redemption, of human beings), and the problematics of framing appeals to audience empathy through the performative display of enslaved young women, despite Beecher’s avowed abolitionist intentions. In the second section I explore a conflict that I have discovered was played out in the New York press between the fervidly antitheatre Beecher and playwright Dion Boucicault—a conflict in which sympathy for actors and slaves vied for advocacy and in which the feelings aroused in the actual and conceptual spaces of the pulpit and the stage were laid bare for scrutiny. In the third section I examine Boucicault’s play The Octoroon and disparate responses to this play and to its racially-indeterminate enslaved heroine by theatre audiences.

Henry Ward Beecher: Staging and Seeing Mock Slave Auctions

In an article published in 1896, nine years after Beecher’s death, Beecher’s widow Eunice recounted the first mock slave auction her husband staged in Plymouth Church. As Eunice Beecher recalled, “on Sunday morning of June 1, 1856 . . . at eight o’clock people began gathering by the hundreds in front of the church . . . every available foot of space was occupied, and thousands were outside, unable to gain admission.” At the conclusion of the sermon, Beecher announced to his congregation that two weeks earlier he learned “that a young woman had been sold by her father to be sent South—for what purpose you can imagine when you see her.” As Beecher enjoined his audience to contemplate the horrors to which “Sarah” would be subject, he informed them that the slave trader who bought Sarah for twelve hundred dollars “has offered you the opportunity of purchasing her freedom.”

At this point, Beecher invited Sarah up to the pulpit, “so that all may see you.” Thus, the largely white, pro-abolitionist congregation was presented with the opportunity to observe for themselves the actual body and plight of a young enslaved girl whose fate they might have a personal hand in alleviating. Yet, as I will explore further, Beecher’s invitation to his congregation that they “see” Sarah for themselves, as well as “bid” on her, illustrated what Saidiya Hartman has described as “the precariousness of empathy and the uncertain line between the…

Read or purchase the article here.