Pinned Like a Butterfly: Whiteness and Racial Hatred Laws
- The Australian Critical Race and Whiteness Studies Association (ACRAWSA)
- Publication Type:
- Journal Article
- Australian Critical Race and Whiteness Studies, 2008, 4 (2), pp. 1 - 12
- Issue Date:
This article explores ideas of whiteness and racial harm by focusing on an area of law in which these themes are pivotal: the regulation of racial hatred. Racial hatred provisions in anti-discrimination laws were established to provide a public space protected from offensive or intimidating racist behaviour. However, based as they are in equality doctrines, they also allow whites to bring claims of racial hatred against blacks. How does law respond, and how should it, when white applicants present themselves as victims of racial harm? This article argues for a legal response that makes embodiment central to the resolution of these cases.
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