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Hidden in plain sight: defying juridical racialization in Rhinelander v. Rhinelander

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Abstract:

This article examines the intersectionality of law and race to argue that law, in its broadest understanding, has played a pivotal role in the performative constitution of racial subjects. This disciplinary regulation, which has operated to "fix" an individual within a racial status under law, has augmented the production of the individual as a raced subject. An analysis of Rhinelander v. Rhinelander, however, illuminates that a defiance of racial performative dictates can render "race" hidden in plain sight. This rendering represents an escape from the regulatory mechanisms of law, posing a counter-power that threatens to disturb hegemonic whiteness.

Keywords: Anti-Miscegenation Law; Defiance; Discipline; Performativity; Race

Document Type: Research Article

DOI: http://dx.doi.org/10.1080/1479142042000270458

Publication date: December 1, 2004

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