Critical Legal Theorizing, Rhetorical Intersectionalities, and the Multiple Transgressions of the “Tragic Mulatta,” Anastasie Desarzant

Posted in Articles, History, Law, Louisiana, Media Archive, United States, Women on 2011-11-24 03:52Z by Steven

Critical Legal Theorizing, Rhetorical Intersectionalities, and the Multiple Transgressions of the “Tragic Mulatta,” Anastasie Desarzant

Women’s Studies in Communication
Volume 27, Issue 2, 2004
pages 119-148
DOI: 10.1080/07491409.2004.10162470

Marouf Hasian Jr., Professor of Communation
University of Utah

This essay provides a critical legal analysis of Anastasie Desarzant’s defamation case. The author argues that the use of an intersectional approach to legal discourse allows scholars to see how race, class, and gender issues influenced the social construction of the “tragic mulatta” in key Louisiana judicial contests. While the essay acknowledges that many contemporary and historical audiences have remembered “Toucoutou’s” (Desarzant’s) racial transgressions, they have forgotten about how some of her neighbors rallied to her cause in the late 1850s.

In recent years, a number of communication scholars have been interested in explicating some of the rhetorical strategies that have been used by feminists and other social agents who have resisted multiple forms of societal oppression (Demo, 2000; Dow, 1997; Shome, 2000; Squires & Brouwer, 2002). I would like to extend these insights by looking at how some women of color and their allies dealt with complexities of Louisiana slavery laws in the antebellum South. By looking at some of the textual arguments and public performances that appeared in Desarzant cases of the late 1850s, I hope to show how racialized subjects dealt with some of the regulatory powers of a judiciary that was dedicated to the preservation of the powers of whiteness. At the same time, I want to illustrate some of the rhetorical strategies that were used in these legal contests, so that we can see how “racial passing” was “both a social enterprise and a subject of cultural representation” (Wald, 2000, p. II).

Today we are used to thinking of racial identities in homogenous terms such as whiteness or blackness (Bonnett, 1999), but there have been times when racial identities had more fluidity and heterogeneity. For many years, scholars (Blassingame, 1973; Dominguez. 1986; Foner, 1970; Lachance, 1994; Omi & Winant, 1994) have been intrigued by the particularities of…

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In search of the power of whiteness: A genealogical exploration of negotiated racial identities in America’s ethnic past

Posted in Articles, History, Identity Development/Psychology, Louisiana, Media Archive, Social Science, United States on 2011-08-24 23:54Z by Steven

In search of the power of whiteness: A genealogical exploration of negotiated racial identities in America’s ethnic past

Communication Quarterly
Volume 50, Issue 3-4 (2002)
pages 391-409
DOI: 10.1080/01463370209385674

Roberto Avant‐Mier, Associate Professor of Communication
University of Texas, El Paso

Marouf Hasian Jr., Professor of Communation
University of Utah

In this essay, the authors explore some of the relational, intersectional, and contextual dimensions of negotiated racial identities. By employing a genealogical method of analysis that looks at three key cases (Anastasie Desarzant, Homer Plessy, and Suzie Phipps), they investigate how various historically‐situated communities in Louisiana have dealt with some of the contradictions, multiplicities and tensions of racial and ethnic identity formation. They then apply these insights in an analysis of issues relating to colorblindness versus color consciousness and commentaries on contemporary examples of how negotiated identities might affect various present‐day publics, debates, and politics.

Americans have always had ambivalent feelings regarding the question of what to do about the nation’s racial identities, and this was especially true when citizens had to deal with the ambiguities of the Enlightenment ideals. During the time of the Founders, civic leaders talked about the importance of the notion that “all men [sic] are created equal,” but when these ideals were put into practice, they had to compete with the economic and social hierarchies that were considered to be mirrors of natural inequalities. Given these normative expectations, it should come as no surprise that in 1790, the first Congress voted that a person must be “white” in order to be a citizen (Nakayama & Krizek, 1995; Omi & Winant, 1994; Roediger, 1994). Since that time, the very notion of what it means to have either a “racial” or an “ethnic” identity has gotten even more complicated, as layers of legal, political, and cultural meanings have pulled us in the competing directions of defending either color con-…

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