Systemic Racism in Law
Gabriela Mark
I attended the virtual event of Baked in Series- Systemic Racism in Law. Doctor Roy Brooks presented on the topic of systemic racism in law and politics. In this event, Doctor Brooks discusses the country’s history of systemic racism, and movements that have contributed to it as well as counteract it, and concludes with opportunities to move towards social equality.
He begins by introducing the 1965 Buckley-Baldwin debate on the subject of the country’s racial divides. Doctor Brooks poses the question of how Buckley went through the transformation of becoming more open towards race and even LGBTQ communities and what we can take from it. He elaborates that Buckley went on a trip and was able to actually engage with African Americans instead of theorizing about them. He then poses the idea that people are able to educate themselves and change through the example of Buckley. He introduced his lecture with this debate to provide an idea of a person/country’s ability to move away from racist traditions and ideals. I believe Doctor Brooks does this in order to set up an optimistic stance on the topic of systemic racism in America.
Doctor Brooks then begins to embark on the discussion of systemic racism in America. He discusses juridical subordination which refers to the legal and institutional mechanisms that have historically been used to oppress and discriminate against African Americans. This part of the cultural event coincides with the Reconstruction era I read about in Freedom on My Mind. An aspect of systemic racism I read about in Chapter 9 of Freedom on My Mind was the implementation of discriminatory laws and policies. Southern states enacted laws known as Jim Crow laws that restricted the rights and freedoms of African Americans, such as limiting their ability to vote or own property. (Freedom On My Mind). These laws were originally intended to maintain the social and economic hierarchy of the South, where white people held power over African American people as they were forced into a subordinate position. In Chapter 9 of Freedom on My Mind, the author states, “Southern white opposition was unrelenting and often violent. By 1877, whites had regained control of state and local governments in the South. As the Republican Party, now weary of the campaign for black rights, increasingly turned its attention to economic development, southern blacks, in particular, were left with shockingly little protection and dwindling numbers of effective white advocates of equal rights for blacks,” (Freedom On My Mind). This text coincides with the cultural event due to the effects of white opposition to African American equality being a catalyst for systemic racism in America. I took this example in the text to correlate it to the event due to the relevance of a reluctance to move away from laws that stunt the advancement in the society of African Americans.
Doctor Brooks then begins to discuss racial integration and its effect on race in society. Brooks emphasized the “importance of students and scholars to think outside the box when it comes to traditions of racial justice whether it is legal or not legal,” (Doctor Roy Brooks). I interpreted this quote as meaning that in order to effectively address the many issues of racial injustice, it is necessary to think beyond traditional legal/ legislative strategies and consider different approaches. By thinking outside the box and challenging traditional assumptions about racial equality and justice, students and scholars can help to develop new and effective strategies for promoting equality and social justice. Doctor Brooks also states how Brown v Board was the most important civil rights decision by the Supreme Court. One of the most immediate effects of Brown v. Board was the desegregation of public schools. Due to this decision, states across the country were forced to integrate their schools. Doctor Brooks later goes on to state his opinion that “All government-supported programs and activities should be racially mixed,” (Doctor Brooks). One key example of this principle in action would be affirmative action, which seeks to promote diversity and equal opportunity in education and employment by providing forms of support to underrepresented and marginalized groups of people. Doctor Brooks implies that by promoting diversity and inclusion, racially mixed programs can help to ensure that African American and minority groups of people have access to the resources and services they need to advance in society. This can also help to break down the limitations of discrimination and inequality and move towards a sense of community among African Americans.
Doctor Brooks later begins to discuss the difference between the racial integration norm and the racial omission norm. Doctor Brooks implies that the racial integration norm is based on the idea that diversity is a positive thing and that people from different racial and ethnic backgrounds should be integrated into all aspects of social and economic life. On the other hand, the racial omission norm is based on the idea that race and ethnicity should not be taken into account in social interactions or decisions. The racial omission norm emphasizes color-blindness and the idea that people should be judged solely on their individual merits and abilities, rather than their race or ethnicity. In my opinion, racial omission norm has the ability to further discrimination and inequality in the workplace, social classes, school, etc. I believe that the racial integration norm is a better way to combat the issues of racism being embedded in law and society. Doctor Brooks then begins discussing the topic of traditionalism in race theory. He describes traditionalists as a group of conservatives who believe that race no longer matters in the post-civil rights society. This concept coincides with an idea presented in an article by Paula A Braveman, called Systemic and Structural Racism. In this article, Braveman states, “Systemic racism is so embedded in systems that it often is assumed to reflect the natural, inevitable order of things. Slavery—explicitly supported by laws—endured for 250 years in the United States and was followed by almost 100 years of Jim Crow laws—often enforced by terror—that were deliberately designed to restrict the rights of African Americans, including the right to vote, work, and get an education,” (Braveman). Contrarily, liberals believe that race does still matter in the post-civil rights society for matters of integration in society. Doctor Brooks then discusses the concept of racial solidarity stating that “Racial solidarity goes against the racial omission norm due to it being racially conscious,” (Brooks). I would agree with this statement in regard to everything we have learned in class.
The statement “Racial solidarity goes against the racial omission norm due to it being racially conscious,” is accurate due to the fact that racial solidarity, which involves members of a particular racial or ethnic group coming together in support of their shared identity and experiences, is racially conscious. This means that it involves an acknowledgment of a person’s racial identity, which goes against the idea of the racial omission norm, which emphasizes a focus on individual skill and merit rather than race. Doctor Brooks concludes by stating that he believes that ‘Within and outside of the law we need to be attentive to the diversity of core post-civil rights commitments,” (Doctor Brooks). I think this statement serves as a good takeaway from the entire cultural event due to the idea of systemic racism and a need to move away from traditional racist installations in the law. In my opinion, Doctor Brooks emphasizes being attentive to diversity so we can better understand different ways in which society is working towards equity and inclusion within the legal system. This can help us to develop more effective and inclusive policies. These policies and initiatives can also help to ensure that the needs and experiences of African Americans are taken into account. This extends to the entire concept of the cultural event being systemic racism in law because in order to combat the issues presented by systemic racism, it is necessary to make a conscientious effort to prioritize diversity and equity in the law. After reading Freedom on My Mind as well as attending the cultural event, I believe that race does still matter in post-civil rights society due to issues of systemic racism still affecting the lives of African Americans today.
In conclusion, Doctor Roy Brooks discussed the effects of systemic racism in the law by providing examples of catalysts for racism in the law as well as providing solutions to these issues. My takeaway from this cultural event was to focus on the positive aspect and solutions that Doctor Roy Brooks presents, with some being a focus on diversity in different social groups, a conscientious movement away from discriminatory laws and practices, as well as the importance of racial integration in society.
Works Cited
White, Deborah Gray, Mia Bay, and Waldo E. Martin Jr. Freedom on My Mind: A History of African Americans with Documents, Third Edition. Bedford/St. Martin’s, (2020).
Doctor Roy Brooks, Baked In Series – Systemic Racism in Law, (2021, 02 11), Systemic Racism in Law, https://www.youtube.com/watch?v=v_CVgWGiwcI&list=PL_aZr_SrZqZdZ7vwRXpEMbg51msqeK1Jx&index=2&t=566s