White by Law: The Legal Construction of Race

The first part of the preface focuses on the ways in which the author’s personal experiences informed his interest in race and law. Born in Hawaii to a white father and mother from El Salvador, Haney López describes the impact of his dual identity, focusing on his encounters with police. In one case, his educated accent and student ID diffused a tense run-in spurred by his Latino appearance. In another case, his accent and credentials failed to neutralize the situation, resulting in police threats and an order to “get back to Boston” (xiv).

In the second part of the preface, Haney López addresses his insights on race and law since originally publishing his book in 1996. He now recognizes that the book is about the formal legal construction of race through legislation and adjudication, or legal judgment or ruling. This is distinct from the informal, or indirect, legal construction of race, which is the primary way law fashions race. Haney López also identifies new directions studies of race and law might take, including the weaponization of morphological features in violent social struggles for wealth, status, and power. He clarifies that deconstructing whiteness does not mean adopting another identity but working to combat white privilege.