Institutional Racism and Civil Justice

• Published in: Ethnic and racial studies Vol. 28; no. 4; pp. 620 - 628
• Main Authors: O'Grady, Aoife, Balmer, Nigel, Carter, Bob, Pleasence, Pascoe, Buck, Alexy, Genn, Hazel
• Format: Journal Article
• Language: English
• Published: Colchester Taylor & Francis Group 01-07-2005; Taylor & Francis; Routledge, Taylor & Francis Group
• Subjects: Blacks; Civil justice; Civil rights; Cultures and civilizations; England; England and Wales; Ethnic relations. Racism; Ethnicity; Institutional racism; Institutions; Justice; justiciable problems; Legal systems; Minorities; Minority Groups; Public Services; Race relations; Racism; Social Justice; Sociology; United Kingdom; Wales; England; Wales; United Kingdom; UK; justiciable problems; Institutional racism; Racism; Civil Justice; Institutionalization
• ISSN: 0141-9870; 1466-4356
• DOI: 10.1080/01419870500092514

This article investigates the utility of the term 'institutional racism', using a study of the experiences of Black and Minority Ethnic [BME] people within the civil justice 'system' in England and Wales. The study is based on the results of the Legal Services Research Centre's Periodic Survey of Justiciable Problems, detailing 5,611 respondents' experiences of civil justice problems over a four-year period. The article concludes that although disparity of experience between white and BME people does exist in the civil justice system, it is not clear whether, or to what extent, this is the result of racism. It also suggests that a notion of 'institutional racism' is unhelpful in interpreting these results and gives rise to difficulties in identifying relevant sources of social agency. The article argues for an alternative concept of 'institutionalized' racism, applied only when evidence is found of the existence of racist beliefs or practices, as opposed to disparity of experience/outcome.