The DOI matches its Crossref record; 44 of the 44 references it cites were found in a registry or an index.
African American Enslavement, Speech Act Theory, and the Law
Open accessAbstract
In the context of African American enslavement and the legacy of that enslavement, do some uses of the word “nigger” possess the power to enslave? It goes without saying that the words “negro,” “nigger,” “colored,” and “black” are an important part of the language and discourse of African American enslavement—as terms used by slave owners, slave traders, slave catchers, and slaves themselves; as terms still used today by people living with the legacy of slavery; and as terms highlighted by academics in explaining these events and various other aspects of the African American experience. However, the aim of this article is to explore the role of these words as instruments of racial enslavement within the USA—past and present. To be more precise, the article argues that in several different ways relating to bodies of law, enforcement of law (or lack thereof), and the scope of law, the words “negro,” “nigger,” “colored,” and “black” come to not simply mean “a slave” but actually to make African Americans slaves.
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“This is evidenced through the use of language to describe enslaved populations, from dehumanising labels characterising enslaved persons as ' nameless ' and ' not human ' in early modern China (Crossley 2011, p 190) and the denial of family names to those enslaved in ancient Near East (Mendelson 1949, p 31), to derogatory and racist epithets of ' negro ' , ' nigger ' , ' colored ' , and ' black '”
From Collapsing the Boundaries Between De Jure and De Facto Slavery: The Foundations of Slavery Beyond the Transatlantic Frame (2020) · cites this paper as Brown 2019, p 163
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Austin, J. L. (1975) · doi:10.1093/acprof:oso/9780198245537.001.0001 · Cited by 21,496 · cited 1×
“^), what one is doing when one says something, an illocutionary act (I commanded that he must not do that), and the effect on the listener of what one is doing when one says something, a perlocutionary act (My words stopped him from doing that) (Austin 1962, p. 102).”
BackgroundExcitable Speech: A Politics of the Performative
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(1993) · Choice Reviews Online · doi:10.5860/choice.30-4021 · Cited by 536
Nigger: the strange career of a troublesome word
(2002) · Choice Reviews Online · doi:10.5860/choice.39-5253 · Cited by 259
What is hate speech? Part 1: The Myth of Hate
Brown, A. (2017) · Law and Philosophy · doi:10.1007/s10982-017-9297-1 · Cited by 246
Self-citationRoutledge Companion to Philosophy of Language
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Flagged first, then by citations
Research works printed but not linked: 6
- Engerman, S. L., et al. (Eds.). (2011). Slavery. Oxford: Oxford University Press.
- Hurd, J. C. (1858–62) The Law of Freedom and Bondage in the United States, Vol. 1. Boston: Little, Brown & Company.
- Langton, R. (1990) Subordination, silence, and pornography’s authority. In R. Post (Ed.), Censorship and silencing: Practices of cultural regulation. Los Angeles: Getty Research Institute for the History of Art and the Humanities.
- Lee, H. (1989). To kill a mocking bird. London: Arrow Books.
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Schwarz, K., & Nicholson, A. (2020) · Human Rights Review · doi:10.1007/s12142-020-00604-y · Cited by 8
“…in ancient Near East (Mendelson 1949, p 31), to derogatory and racist epithets of ‘negro’, ‘nigger’, ‘colored’, and ‘black’ in the transatlantic system (Brown 2019, p 163).17 Visible markings and signifiers were also used to demarcate enslaved persons from the ‘free’ population, from…”
Background
Metadata
- Authors
- Brown, A.
- Affiliations
- University of East Anglia (GB)
- Corresponding author
- Brown, Alexander
- ORCID
- Brown, Alexander
- Venue
- Journal of African American Studies
- Published
- 2019-06-08
- Volume
- 23
- Issue
- 3
- Pages
- 162-177
- ISSN
- 1559-1646 (ISSN-L)
- 1936-4741
- OpenAlex
- W2953925860
- Cited by
- 12
- References
- 44
- Citations by year
- 2025: 4 · 2024: 1 · 2023: 1 · 2022: 3 · 2021: 1 · 2020: 2
- FWCI
- 6.90
- Type
- journal article
- Language
- en
- Open access
- hybrid
- doi.org
- Locations
- Journal of African American Studies (publishedVersion, cc-by)
- UEA Digital Repository (University of East Anglia) (acceptedVersion)
- Funders
- University of East Anglia
- Topics
- Social Sciences › Arts and Humanities › History › Colonialism, slavery, and trade
- Social Sciences › Sociology and Political Science › Race, History, and American Society
- Social Sciences › Law › Law, Rights, and Freedoms
- Keywords
- racial slurs, nigger, speech act theory, slavery legacy, racial discrimination in law, law enforcement, African American language
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