‘ISLANDS OF EMPOWERMENT’: ANTI-DISCRIMINATION LAW AND THE QUESTION OF RACIAL EMANCIPATION

• Main Author: Faisal Bhabha
• Format: Article
• Language: English
• Published: University of Windsor 2013-10-01
• Series: Windsor Yearbook of Access to Justice
• Online Access: https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4412

In her evocative masterpiece, The Alchemy of Race and Rights, published in 1991, Patricia Williams captured a moment in American legal thought that marked a turning point in expressions about race and power, and the implications for social equality. It contained lessons extending beyond America’s unique race history, to the general social and political dynamics in liberal democracy that create conditions of privilege and exclusion. She invited us to think about the place of law in the social and institutional practices that sustain status quo hierarchies, despite proclaimed civil rights commitments to justice. She also inspired hope that the role of the lawyer could be one of mutinous agitator—struggling from the inside, using the tools and skills of practice to support the causes of identifiable communities and social movements.