Edited by Virginia Mantouvalou and Jonathan Wolff

In developing her conception of structural injustice, Iris Marion Young made a strict distinction between large-scale collective injustice that results from the normal functions of a society, and the more familiar concepts of individual wrong and deliberate state repression. Her ideas have attracted considerable attention in political philosophy, but legal theorists have been slower to consider the relation between structural injustice and legal analysis. While some forms of vulnerability to structural injustice can be the unintended consequences of legal rules, the law also has potential instruments to alleviate some forms of structural injustice. Structural Injustice and the Law presents theoretical approaches and concrete examples to show how the concept of structural injustice can aid legal analysis, and how legal reform can, in practice, reduce or even eliminate some forms of structural injustice. A group of outstanding law and political philosophy scholars discuss a comprehensive range of interdisciplinary topics, including the notion of domination, equality and human rights law, legal status, sweatshop labour, labour law, criminal justice, domestic homicide reviews, begging, homelessness, regulatory public bodies and the films of Ken Loach. Drawn together, they build an invaluable resource for legal theorists exploring how to make use of the concept of structural injustice, and for political philosophers looking for a nuanced account of the law’s role both in creating and mitigating structural injustice.

London: UCL Press, 2024. 334p.

By Patrick M. Kline, Evan K. Rose, and Christopher R. Walters

We develop an empirical Bayes ranking procedure that assigns ordinal grades to noisy measurements, balancing the information content of the assigned grades against the expected frequency of ranking errors. Applying the method to a massive correspondence experiment, we grade the race and gender contact gaps of 97 U.S. employers, the identities of which we disclose for the first time. The grades are presented alongside measures of uncertainty about each firm’s contact gap in an accessible report card that is easily adaptable to other settings where ranks and levels are of simultaneous interest.

Chicago: University of Chicago, The Becker Friedman Institute for Economics 2(BFI) , 2024

By: Ximena Canal Laiton

LGBTIQ+ people on the move in Latin America can face significant risks of targeted violence and discrimination related to their sexual orientation, gender identity, and expression. This paper explores the experiences of LGBTIQ+ individuals travelling towards the United States from Latin America and the Caribbean. Data was gathered in Tijuana, Monterrey and Mexico City (Mexico) through the 4Mi project between September 2023 and March 2024.

Findings are based on 474 in-person surveys, with 131 LGBTIQ+ individuals and 343 non-LGBTIQ+ individuals to compare their migration experiences, along with 15 interviews with LGBTIQ+ migrants and key informants.

Highlights

LGBTIQ+ phobia, discrimination and violence: a driver for migration

LGBTIQ+ individuals often migrate to escape discrimination and violence related to their sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC).

LGBTIQ+ phobia and violence on the migration route

Nearly all LGBTIQ+ individuals surveyed (98% of 131 respondents) indicated a high or very high level of exposure to risks related to their sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC).

91% of LGBTIQ+ respondents surveyed (119 of 131 respondents) said they experienced some form of LGBTIQ+ phobic incident themselves during their migration, mainly in Mexico and Guatemala.

Attacks against trans-women migrants were reported as relatively frequent by interviewees. They also said that attacks sometimes culminate in transfemicide or attempted transfemicide.

Surveyed trans women reported more frequent experiences of social discrimination than other LGBTIQ+ respondents.

Disparity in Perpetrators of Violence

Organised crime: LGBTIQ+ respondents identified members of organised crime groups as primary perpetrators of abuse to a far greater extent (73%) than the non-LGBTIQ+ group (42%).

Migrant perpetrators: While 38% of LGBTIQ+ respondents reported other migrants as the main perpetrators, only 5% of the non-LGBTIQ+ control group did the same. This difference can be attributed to the widespread presence of LGBTIQ+ phobia across diverse groups, including among migrants themselves.

Self-protection strategies

The two most common self-protection strategies reported by LGBTIQ+ respondents were careful planning of journeys and keeping in regular contact with friends and family.

Safe Space and other needs

LGBTIQ+ migrant interviewees and key informants stressed that access to safe spaces and shelters is essential for the protection of life and dignity of LGBTIQ+ individuals on the migration route. Psychological support is also a pressing necessity.

Methodology

Quantitative data was based on 474 in-person surveys conducted with individuals in transit in Mexico towards the United States. This included 131 individuals who identified as LGBTIQ+ and 343 individuals who didn’t. This allowed to draw comparisons between the migration experiences of the two groups.

Qualitative data was collected through 15 semi-structured interviews in Mexico: eight interviews with LGBTIQ+ migrants and seven with key informants from organisations that assist LGBTIQ+ migrants and refugees.

Geneva, SWIT: Mixed Migration Centre, 2024. 24p.

MAY CONTAIN MARKUP

By ERVING GOFFMAN

"STIGMA: Notes on the Management of Spoiled Identity" delves into the intricate dimensions of societal perceptions and self-perceptions. Authored by renowned sociologist Erving Goffman, this seminal work explores the concept of stigma and its profound impact on individuals and communities. Goffman's profound insights shed light on how stigmatized individuals navigate a world marked by prejudice and discrimination. Drawing from compelling case studies and astute analysis, "STIGMA" challenges readers to rethink their views on identity, acceptance, and the power dynamics that shape our interactions. A thought-provoking and enlightening read for anyone interested in psychology, sociology, or the human experience.

Prentice-Hall, Inc.. Englewood Gliffs, N.J. 1965. 167p.

MAY CONTAIN MARKUP

Jody David Armour

In this groundbreaking book, "Negrophobia and Reasonable Racism: The Hidden Costs of Being Black in America," author delves deep into the complexities of the Black experience in a country where racism continues to shape social, economic, and political realities. Through meticulous research and powerful personal anecdotes, the author sheds light on the insidious nature of Negrophobia and the concept of "reasonable racism," illustrating the profound impacts these phenomena have on the daily lives of Black individuals and communities. This poignant and thought-provoking work challenges readers to confront uncomfortable truths and reexamine their own perspectives on race and privilege in America.

New York and London. NEW YORK UNIVERSITY PRESS. 1997. 210p.

MAY CONTAIN MARKUP

Edwin M. Schur

In "Labeling Women: Deviant," the intricate interplay between gender, stigma, and social control is meticulously examined. This thought-provoking exploration delves into the ways in which societal labels and norms are applied to women, shaping their identity and influencing their place in the world. Through insightful analysis and compelling examples, this book challenges readers to reconsider the implications of labeling women as deviant and calls for a more nuanced understanding of the complex forces at play. A must-read for anyone interested in social justice, gender studies, and the dynamics of power in society.

NY. RANDOM HOUSE. 1984. 294p.

By Amy Lai

In this book, Amy Lai examines the current free speech crisis in Western universities. She studies the origin, history, and importance of freedom of speech in the university setting, and addresses the relevance and pitfalls of political correctness and microaggressions on campuses, where laws on harassment, discrimination, and hate speech are already in place, along with other concepts that have gained currency in the free speech debate, including deplatforming, trigger warning, and safe space. Looking at numerous free speech disputes in the United Kingdom, the United States, and Canada, the book argues for the equal application of the free speech principle to all expressions to facilitate respectful debates. All in all, it affirms that the right to free expression is a natural right essential to the pursuit of truth, democratic governance, and self-development, and this right is nowhere more important than in the university.

Ann Arbor: University of Michigan Press, 2023. 306p.

By Frantz Fanon. Translated by Lamb Marksman. “.. it is Fanon the man, rather than the medical specialist or intellec­tual, who makes this book so hard to put down. His ideas and feelings fairly pour out...he became a fighter ancfa voice for the op­pressed, whom he also had the courage to warn: no religious or mystical attitude, no psychologi­cal ‘defense’ will enable the Negro to feel ‘secure’ or ‘himself’ until he is no longer the white man’s social and economic prey . . .”- Robert Coles, The New York Times Book Review

NY. Grove Press. 1967. 237p.

By Stanford Law School and Policy Lab and Brennan Center for Justice

Even before racist political rhetoric around the coronavirus triggered a wave of hate crimes against Asian Americans, white supremacist incidents around the country had fueled a vigorous public debate about the proper responses to hate violence.In March 2020, Stanford Law School and the Brennan Center for Justice at NYU Law School hosted a convening of experts in the fields of criminal law, civil rights, community advocacy, and restorative justice to assess the current hate crime enforcement model and explore alternative approaches that could more effectively redress the harm resulting from hate crimes.

Palo Alto, CA: Stanford Law School; New York: Brennan Center for Justice. 2021. 52p.

By Keir Monteith K, et al.

As Bobb-Semple highlights, the entrenched racism of the British establishment did not disappear post emancipation. Judicial racism in the criminal courts is pronounced when looking at sentencing practices. The Lammy Review comprehensively lays bare this truth, reporting the results of a 2016 Ministry of Justice review of Crown Court sentencing for three groups of offences – offences involving acquisitive violence, sexual offences and drugs offences. Confirming what many in affected communities had long since suspected, this review found that “[u]nder similar criminal circumstances the odds of imprisonment for offenders from self-reported Black, Asian, and Chinese or other backgrounds were higher than for offenders from selfreported White backgrounds.” Starkly, it also found that “[w]ithin drug offences, the odds of receiving a prison sentence were around 240% higher for BAME offenders, compared to White offenders.” The systemic inequality and biases in the legal profession are reflected in the make-up of our judiciary. Nationally, only 1% of judges are Black, while 5% are Asian and 2% are mixed ethnicity and 1% were individuals with ethnicity other than Asian, black, mixed or white.5 And there is a big difference: between the junior and senior judiciary. While the junior judiciary is slowly diversifying - I stress slowly - the senior judiciary is not, and remains overwhelmingly white, and overwhelmingly from privileged backgrounds. In fact, there are currently no Black judges in the High Court, Court of Appeal or Supreme Court. Not one.

2022. 40p.

By Franziska Meister

Even a cursory look at American society today reveals that protests against racial discrimination are by no means a thing of the past. What can we learn from past movements in order to understand the workings of racism and resistance? In this book, Franziska Meister revisits the Black Panther Party and offers a new perspective on the party as a whole and its struggle for racial social justice. She shows how the Panthers were engaged in exposing structural racism in the U.S. and depicts them as uniquely resourceful, imaginative, and subversive in the ways they challenged white supremacy while at the same time revolutionizing both the self-conception and the public image of black people. Meister thus highlights an often marginalized aspect of the Panthers: how they sought to reach a world beyond race—by going through race. Theirs, she argues, is a message well worth considering in an age of "color blindness."

Bielefeld: Transcript Verlag, 2017. 243p.

By Hilary Aked, Mel Jones and David Miller

The Christchurch terror attack put the global Islamophobia epidemic in sharp focus. But the organisations and ideologues responsible for normalising Islamophobia both in Europe and across the Atlantic are rarely scrutinised. The lobbying watchdog Spinwatch published a report in Parliament on 26 March 2019 that examines how the counter-extremism policies of governments in the UK, France and Germany have abetted the rise of an Islamophobic ‘counter-jihad’ movement that makes Islamophobia respectable. This movement has worked with governments to influence policies that are designed to foster suspicion and mistrust of Muslims.

Bristol, UK; University of Bristol, Public Interest Investigations, 2019. 78p.

Edited by Wa Baile, Mohamed; Dankwa, Serena O.; Naguib, Tarek; Purtschert, Patricia; Schilliger, Sarah

Racist police checks are part of everyday life in Europe. They make it dramatically visible who is not considered a fellow citizen. While much of the dominance society finds this racist practice normal, more and more people are no longer prepared to accept it without resistance. The volume brings together scientific, artistic and activist contributions to the social backgrounds and modes of action of racial profiling and the possibilities of intersectional anti-racist resistance. The focus is on Switzerland, supplemented by perspectives from authors who are familiar with the German context.

Bielefeld: transcript Verlag, 2019. 337p.

By Stefan Rühl and Gisela Will.

The aim of the study in hand is to report on extreme right-wing, xenophobic and antiSemitic crimes and acts of violence in Germany as well as to analyse the developments linked to them. The political climate, legal provisions, political measures and existent sources of data relating to this issue will be described. As a further step, extreme rightwing crimes will be analysed more closely and various Good Practice measures will be described.

Bamberg, Germany: European Forum for Migration Studies (EFMS) Institute at the University of Bamberg

Edited by Michael J. Lynch and E. Britt Patterson.

"Nothing has changed" is the conclusion to be drawn from reading the collection of original articles that describe and analyze the countless ways in which racial prejudice affects the processing and outcomes of minority offenders in the American criminal justice system. Written in the 1990s, most of the observations still apply. CONTENTS: 1. Thinking About Race and Criminal Justice: Racism, Stereotypes, Politics, Academia, and the Need for Context; 2. Moral Panic as Ideology: Drugs, Violence, Race and Punishment in America; 3. "The Tangle of Pathology" and the Lower Class African American Family: Historical and Social Science Perspectives; 4. The Image of Black Women in Criminology: Historical Stereotypes as Theoretical Foundation; 5. Race, Popular Culture, And The News; 6. Vice and Social Control: Predispositional Detention and the Juvenile Drug Offender; 7. Race, Contextual Factors, and the Waiver Decision Within Juvenile Court Proceedings: Preliminary Findings From a Test of The Symbolic Threat Thesis; 8. Race and Criminal Justice: Employment of Minorities in the Criminal Justice System; 9. Race And Social Class in the Examination of Punishment; References; Notes.

Harrow and Heston Publishers. 1992. 246p.

By Constance Blackhouse.

A Legal History of Racism in Canada 1900 –1950. “Historically Canadians have considered themselves to be more or less free of racial prejudice…. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today. Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism…The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the ‘Ku Klux Klan of Kanada.’

Osgoode Society for Canadian Legal History (1999) 505 pages.

by Steven R. Smith.

Value incommensurability and the politics of recognition. “One of the primary objectives of this book is to redefine elements of contemporary Anglo-American liberal egalitarianism that promote the universal values of liberty and equality, however conceptualised, and to articulate how these elements are central to the radicalised political agendas of new social movements.The concern is that these agendas have become too firmly associated with the ‘identity politics’ of postmodern and poststructuralist thought, and what has been dubbed continental philosophy, which frequently rejects the universal claims of liberal egalitarianism.

Bristol University Press. (2011) 208 pages.

Edited by: Stavros Assimakopoulos, Fabienne H Baider, et al.

A Discourse-Analytic Perspective. This open access book reports on research carried out as part of the European Union co-funded C.O.N.T.A.C.T. project which targeted hate speech and hate crime across a number of EU member states. It showcases the bearing that discourse analytic research can have on our understanding of this phenomenon that is a growing global cause for concern.Although 'hate speech' is often incorporated in legal and policy documents, there is no universally accepted definition, which in itself warrants research into how hatred is both expressed and perceived. The research project synthesises discourse analytic and corpus linguistics techniques, and presents its key findings here. The focus is especially on online comments posted in reaction to news items that could trigger discrimination, as well as on the folk perception of online hate speech as revealed through semi-structured interviews with young individuals across the various partner countries. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

Springer (2020) 97 pages.