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The Terms of Ethnoracial Equality : The Swedish Courts' Reading of Ethnic Affiliation, Race and Culture

Brännström, Leila LU (2017) In Social & Legal Studies
Abstract
This article initially accounts for the discussions concerning the notions ‘ethnic origin’ and ‘race’ that have taken place in the Swedish legislative context and places these within a wider European context. Next follows a mapping of the ways in which Swedish courts, in cases of alleged ethnic discrimination, read the notion of ‘ethnic affiliation’ – defined as ‘national or ethnic origin, skin colour, or other similar circumstance’ – and decide whether a statement or an act is related to it. The purpose, to borrow Michel Foucault’s words, is to ‘make visible precisely what is visible’. By bringing together, arranging and connecting what the courts have said about ‘ethnic affiliation’, the conclusions they have reached and the... (More)
This article initially accounts for the discussions concerning the notions ‘ethnic origin’ and ‘race’ that have taken place in the Swedish legislative context and places these within a wider European context. Next follows a mapping of the ways in which Swedish courts, in cases of alleged ethnic discrimination, read the notion of ‘ethnic affiliation’ – defined as ‘national or ethnic origin, skin colour, or other similar circumstance’ – and decide whether a statement or an act is related to it. The purpose, to borrow Michel Foucault’s words, is to ‘make visible precisely what is visible’. By bringing together, arranging and connecting what the courts have said about ‘ethnic affiliation’, the conclusions they have reached and the circumstances that they have ignored, three observations are made: (a) ethnic affiliation is treated as an authentic and stable personal individual attribute, (b) ethnic affiliation is seen as a question about body types and bloodlines solely and (c) discriminatory acts are connected to ‘ethnic affiliation’ only if related to visual appearance or accompanied by ‘incriminating words’. The article discusses and analyzes the significance and implications of these observations in engagement with theorists such as Barnor Hesse and David Theo Goldberg. (Less)
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keywords
Allmän rättslära, Etnisk tillhörighet, Ras, Kultur, Barnor Hesse, Etnisk diskirminering, David Theo Goldberg, Diskriminering, Jurisprudence, Discrimination adjudication, Ethnic affiliation, Race, Culture, Ethnic discrimination, David Theo Goldberg, Barnor Hesse
in
Social & Legal Studies
publisher
SAGE Publications
ISSN
0964-6639
DOI
10.1177/0964663917722827
language
English
LU publication?
yes
id
67f23aed-2638-452f-8db6-dcf044ea2116
date added to LUP
2017-08-09 11:44:12
date last changed
2017-09-08 12:25:47
@article{67f23aed-2638-452f-8db6-dcf044ea2116,
  abstract     = {This article initially accounts for the discussions concerning the notions ‘ethnic origin’ and ‘race’ that have taken place in the Swedish legislative context and places these within a wider European context. Next follows a mapping of the ways in which Swedish courts, in cases of alleged ethnic discrimination, read the notion of ‘ethnic affiliation’ – defined as ‘national or ethnic origin, skin colour, or other similar circumstance’ – and decide whether a statement or an act is related to it. The purpose, to borrow Michel Foucault’s words, is to ‘make visible precisely what is visible’. By bringing together, arranging and connecting what the courts have said about ‘ethnic affiliation’, the conclusions they have reached and the circumstances that they have ignored, three observations are made: (a) ethnic affiliation is treated as an authentic and stable personal individual attribute, (b) ethnic affiliation is seen as a question about body types and bloodlines solely and (c) discriminatory acts are connected to ‘ethnic affiliation’ only if related to visual appearance or accompanied by ‘incriminating words’. The article discusses and analyzes the significance and implications of these observations in engagement with theorists such as Barnor Hesse and David Theo Goldberg.},
  author       = {Brännström, Leila},
  issn         = {0964-6639},
  keyword      = {Allmän rättslära,Etnisk tillhörighet,Ras,Kultur,Barnor Hesse,Etnisk diskirminering,David Theo Goldberg,Diskriminering,Jurisprudence,Discrimination adjudication,Ethnic affiliation,Race,Culture,Ethnic discrimination,David Theo Goldberg,Barnor Hesse},
  language     = {eng},
  month        = {08},
  publisher    = {SAGE Publications},
  series       = {Social & Legal Studies},
  title        = {The Terms of Ethnoracial Equality : The Swedish Courts' Reading of Ethnic Affiliation, Race and Culture},
  url          = {http://dx.doi.org/10.1177/0964663917722827},
  year         = {2017},
}