Law, Nation and Race: Exploring Law’s Cultural Power in Delimiting Belonging in English Courtrooms

Abstract

This article explores the place of law and legality in the formation of British national identity and its reproduction (and contestation) inside the courtroom. It draws on sociolegal scholarship on legal culture, legal consciousness and ‘law and colonialism’ to shed light on the cultural power of the law to forge national subjectivities. The law does more than adjudicating justice and imposing sanctions. Its symbolic power lies in its capacity to construct legal subjectivities, of both individuals and nations. Through the law and its categories, people make sense of the social world and their position in it. The law can articulate national identities by expressing who we are and who we would like to be as a nation. By exploring the place of the law in discourses of British nationhood, this article contributes to our understanding of the ideological role of the law in reifying racial and global hierarchies. It also sheds light on how the boundaries of belonging can be unsettled through law’s power.