As a black woman herself, Williams has a judicious perspective on race, the law and society as demonstrated in her piece ‘the alchemy of race and rights’. Through an analysis of the Lecraft vs. Spain case through the lens of Patricia Williams' It’s rather clear that the use of subjective language and the clear distinction between ethnic identity and legal identity is a result of societal influence on law. By examining this use of vague and subjective language in law insight can be provided on how it continues oppressing marginalized communities in legal ways; after all, “subject position is everything” according to williams (1991). In order to ensure a deep connection and understanding of Williams’s view, the book and case themselves must be explored.
The case of Lecraft vs. Spain was handled by the UNHRC. It concerned allegations of racial discrimination by police when performing an identity check in 2002. The victim stated that they were identified through racial profiling; due to their ethnic background.
The case concluded with Spain being found in violation of article 26 (which prohibits racial discrimination) and article 2 (which requires member states to provide remedies for violations) of
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The piece also critically analyzes legal concepts and language as well as how those could be used to challenge or reinforce oppressive systems. In the book, she concludes that race and gender are very closely linked and connected; that this is due to societal norms and legal concepts and language. She explains how the law is significantly shaped by social context and isn’t inherently objective or neutral. As such, the law needs to be reformed but this is only possible and effective if the society is reformed as well. The last key concept she expresses is that of the importance of subject position; the way by which one’s experiences shape their view and understanding of