Reviewed by: Settler Colonialism, Race and the Law: Why Structural Racism Persists by Natsu Taylor Saito Shezadi Khushal Natsu Taylor Saito. Settler Colonialism, Race and the Law: Why Structural Racism Persists. New York: New York University Press, 2020. 368 pp. Notes. Cases. Index. $60.00 USD hc. Natsu Taylor Saito’s book, Settler Colonialism, Race, and the Law: Why Structural Racism Persists, theorizes racial inequities from a legal perspective. The book’s main aim is to examine: (1) settler colonial theory and practice; (2) the relationship between racial justice and the law; and (3) domestic and international legal perspectives. In a critical race studies book series, Saito explains that it has been 70 years since the civil rights movement, yet things have not gotten much better for people of colour in terms of disparities and injustices…racial justice ultimately cannot succeed unless there is a willingness to acknowledge ongoing colonization. This 12-chapter book is organized thematically in three parts. Part one (Chapters 1-3) lays the groundwork for understanding structural racism as a function of ongoing colonization. Part two (Chapters 4-8) offers historical narratives and strategies used by settlers to further subjugation. Part three (Chapters 9-12) focuses on remedial possibilities. The introductory chapter commences powerfully by asking, how do we rectify a system that so brilliantly serves its intended purpose? asserting the notion that racialization is essential to the establishment and maintenance of structures of power and privilege in the United States, and that ignoring the reality of White supremacy in America is no longer an option (2). Chapters 1-3 explore themes of racial disparity, activism, repression and libera-tory potential. Only by acknowledging the persistence and adaptability of racism, will we be able to envision strategies capable of bringing about meaningful structural change (9). The author introduces the concept of a “false consciousness”, which implies that meaningful change will require narratives that incorporate the histories [End Page 131] and lived realities of peoples of color (24). These chapters also explore the violence of colonization, where lived realities of Indigenous peoples and others have been excluded from the settler class narrative (34). In Chapter 4, we understand that Indigenous peoples’ claims to their traditional lands are consistently ignored, and that “securing land remains integral to United States’ establishment and expansion, the creation of wealth and power, and the maintenance of global hegemony” (57). Chapter 5 contextualizes enslaved labor and examines strategies of subjugation used to “create, contain and control a workforce of enslaved Indigenous, African, and Afrodescendant peoples” (6). Settler colonial strategies of subjugation (i.e., population control, spatial containment, violence and terror) were intended to transform Africans from peoples into units of production (84).` Chapter 6 discusses the means used to contain and control African Americans, and the exclusion from opportunities that facilitated their economic and political independence. This includes criminalization, exclusion from property ownership and mass incarnation. The very title of this chapter places “emancipated” in quotations to illustrate that despite the 13th Amendment ratification in 1866 to forbid slavery and involuntary servitude, it, in fact, continued to subjugate and oppress African Americans. Understanding that racialization and colonization work simultaneously to “other” entire peoples, Chapter 7 explores theorizing the other, specifically, the “migrant other”. Migrant others have played significant and differing roles within the American settler colonial paradigm. This chapter also examines strategies used to subjugate and exploit peoples of color who have been incorporated into and excluded from settler society (115), and urges readers to understand that while anti-racist action may not deconstruct colonialism, decolonization may, in fact, be a prerequisite to eliminating racism in the United States (114). Chapter 8 instructs that American settler colonialism will not change the underlying structural dynamics that perpetuate hierarchies of racialized privilege and subjugation (153), and emphasizes the need to develop analytical tools and strategies of resistance for transformation. This chapter also stresses the importance of Law as a pathway to racial justice. In Chapter 9, Saito argues that protection under domestic law has failed to ensure racial justice because of its exclusion of people of colour from constitutional protection; and even when constitutional protection is available, it has been interpreted to preclude assimilation, thereby...
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