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 Alexis De Tocqueville.

“Amongst the novel objects that attracted my attention during my stay in the United States, nothing struck me more forcibly than the general equality of conditions. I readily discovered the prodigious influence which this primary fact exercises on the whole course of society, by giving a certain direction to public opinion, and a certain tenor to the laws; by imparting new maxims to the governing powers, and peculiar habits to the governed.”

London. Saunders and Otley (1835) 487p.

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.