Q&A with Avis Whyte on why the law is still the most powerful weapon in the fight against racial discrimination

The Long Walk to Equality: Perspectives on Racial Inequality, Injustice and the Law, edited by
Avis Whyte, Patricia Tuitt and Judith Bourne, is an open access UWP title that draws attention to the need to reflect on the persistence of racial inequalities and injustices despite law’s intervention and arguably because of its ‘unconscious’ role in their promotion. It does so from a multiplicity of perspectives, ranging from the doctrinal, socio-legal, critical and theoretical, thereby generating different kinds of knowledge about race and law. By exploring contemporary issues in racial justice and equality, contributors examine the role of law — whether domestic or international, hard or soft — in advancing racial equality and justice and consider whether it can effect substantive change. 

Here editor Avis Whyte, Senior Research Fellow, Senior Lecturer and Academic Professional Development Fellow at the University of Westminster, gives an insight into her hopes for the emancipatory potential of the law.

Q:  What led you to write the book with your co-editors?

Throughout my academic career I have tried to make contributions that can transform the university into a space where academics and students of colour can thrive. In this, I found natural allies in Judith and Patricia – especially in their roles as heads of law departments. We were all very excited at the opportunity to work together on a sustained piece of research – which commenced with a conference that Judith and I convened in 2018 at which Patricia gave a paper.

Q: Are you hopeful that the role of law can advance racial equality and justice and effect substantive change?

I do not have an idealistic view of the law. We know how the law is used to build and uphold racially discriminatory systems and structures. At the same time, we see countless examples throughout the years of how effectively the law can be put to use to challenge and dismantle these structures. We must never lose faith in the potential of law to achieve racial justice, but we must also acknowledge its limitations. Alone, legal tools are insufficient. Those who use law in the pursuit of racial justice must be open to collaboration with others who may use different emancipatory tools.

Q: How important is publishing open access to you and why?

In general, I support open access publishing because it is in tune with the idea – which I hold – that academic knowledge is produced for the public good, and, as far as feasible, should be freely available. In terms of the edited collection, it was important for us to work with an open access publisher. Given the emphasis we place on themes such as equality and access, it would have been uncomfortable to produce a publication that was inaccessible because of its pricing.

Q: What is next for you in terms of your research in this area?

I am delighted to say that I am working with Judith and Patricia again. This time I will be co-editor with Judith on a special edition of The Women’s History Review, with Patricia writing the introduction. The special edition explores contributions to the law/legal practice of early ethnically diverse women lawyers who received their legal education and training in England and Wales. Watch this space!

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