Abstract
Contextualized by contestation and deconstruction of monoracialism, this article provides an assessment of how law, as a distinct tool and technology, conceptualizes and operationalizes race and ethnicity. The focus of the comparative project, by bringing examples from various countries and jurisdictions, is specifically on the morphology and dynamics of legal categorization. A separate discussion concentrates on conceptualizing groupness and membership, with distinguished attention on self-identification and “objective” criteria. The paper shows that although identity politics has dominated the past decades, ethno-racial self-identification is not the only operationalizing model legal regimes apply, especially with the recent boost in artificial intelligence, and bio-genetic research. Examples for the “re-biologization” of ethno-racial conceptualization are brought from a wide range of legal regimes, including citizenship, anti-discrimination, asylum, and indigenous law.
Funder
Hungarian Scientific Research Fund
Innovation Grants and the Artificial Intelligence National Laboratory Program
Reference76 articles.
1. Genocide and Discrimination: Lessons to Be Learnt from Discrimination Law;Ambrus;Leiden Journal of International Law,2012
2. Ancient Rome: A genetic crossroads of Europe and the Mediterranean;Antonio;Science,2019
3. Axelrod, Toby (2022, August 31). Germany eases asylum requirements for Ukrainian Jews fleeing invasion. Available online: https://www.timesofisrael.com/germany-loosens-asylum-requirements-for-ukrainian-jews-fleeing-invasion/.
4. Racist and related hate crimes in Hungary—Recent empirical findings;Balogh;Acta Iuridica Hungarica,2011
5. Reverse Passing;Beydoun;UCLA Law Review,2017
Cited by
3 articles.
订阅此论文施引文献
订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献