Fair Use Blog

“not definitely white, Negro” and racial intermediacy and ambiguity (1930 Census, qtd. in Cohn)

The 1930 Census race or color instructions for “Mexican” show a clear connection with the theme of racial intermediacy and ambiguity:

all persons born in Mexico, or having parents born in Mexico, who were not definitely White, Negro, Indian, Chinese, or Japanese.

(Instructional language quoted from D’vera Cohn.)

Law as coercion creates racial categories in three chief ways (Haney López)

According to Haney López, pp. 116-123, “Law as Coercion,” in its coercive aspect law serves to create racial categories in three chief ways:

  1. Legal rules have shaped physical appearances
  2. Positive law has created the racial meanings that attach to physical features
  3. Positive law establishes the material conditions which often code for race.

[WBL p. 119]