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By Sora Y. Han
"How should still we comprehend felony colorblindness this day? In Letters of the legislations, Sora Han argues that colorblindness isn't easily a racial ideology of yankee jurisprudence--it can also be a fable structuring of criminal interpretation itself. Letters of the legislations lines the delusion of colorblindness throughout iconic perfect lawsuits on citizenship, segregation, felony process, internment, affirmative motion, prisoner Read more...
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E. B. Du Bois as the towering intellectual figure of modern thought’s fundamental critique of a world built on slavery and capitalism. Here is where Du Bois enters: A century later, segregationists similarly asserted [as with the slaveholders] that segregation was not only benign, but good for black students. They argued, for example, that separate schools protected black children from racist white students and teachers. , Brief for Appellees in Briggs 33–34 (“‘I have repeatedly seen wise and loving colored parents take infinite pains to force their little children into schools where the white children, white teachers, and white parents despised and resented the dark child, made mock of it, neglected or bullied it, and literally rendered its life a living hell.
Each chapter’s arrival at the racial limit of these various doctrines and social issues attempts also to render the expansive horizon of reading each doctrinal convention invites. Racial limits are given in each chapter, as the unassimilable time of slavery in the law’s history of multiracial citizenship, a racial animus that escapes the justificatory logic of judgment, the impossible affirmation of racial privacy by due process rights, and the prisoner’s epistolary life as a form of civil death.
Illuminating this limit in the lifeworld of the letter shores up the necessity of reading law both to the letter, and for its letters. Inhabiting this lifeworld requires a kind of reading in descent—neither a reading of dissent, nor a dissentious reading, but a falling with she who is given in the name of the prisoner. The Dead End of Racial Jurisprudence The recent 2013 Supreme Court ruling on the constitutionality of affirmative action policy in higher education, Fisher v. University of Texas, Austin,55 underscores the urgency of deconstructing the fantasy of colorblindness.