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Can systemic racism impact the way civil and commercial law is practiced in the US?

Elianna Stuther

It is undeniable that systemic racism has had and continues to have a significant impact on the way civil and commercial law is practiced in the US. The roots of systemic racism run deep in American society, dating back to the country's founding and the practices of slavery. In the present day, we can see how systemic racism plays out in the criminal justice system, with communities of color disproportionately targeted by law enforcement and subjected to harsher sentences and more frequent arrests. However, the effects of systemic racism go far beyond just the criminal justice system, and extend into many other areas of life, including the legal system.

One way that systemic racism impacts the way civil and commercial law is practiced in the US is through the phenomenon of structural inequality. Structural inequality refers to the ways in which societal structures and institutions work to maintain unequal outcomes for different groups of people, even if there is no explicit intention to discriminate. In many cases, the laws and policies that govern civil and commercial law in the US are structured in ways that reinforce existing inequalities, rather than working to remedy them. For example, zoning laws and regulations often create barriers to affordable housing in areas with good schools and low crime rates, which can disproportionately impact communities of color that have historically been excluded from these areas due to discriminatory practices.

Another way that systemic racism impacts the legal system is through the phenomenon of implicit bias. Implicit bias refers to the ways in which unconscious attitudes and stereotypes can influence our decisions and actions, even if we are not aware of them. Studies have shown that implicit bias can impact the decisions made by judges and other legal professionals in a variety of contexts, from sentencing to jury selection to the evaluation of evidence. When biases and stereotypes are allowed to take root in the legal system, it can lead to outcomes that are unjust and discriminatory, even if they are not intentional.

Finally, systemic racism can impact the legal system through the ways in which legal education and training are structured. Law schools and other legal education programs are often designed to reinforce existing power structures and ways of thinking, rather than challenging them. As a result, legal professionals may be less equipped to recognize and address issues of systemic racism when they arise in their practice. A more diverse and inclusive legal education system, one that actively works to promote equity and social justice, could go a long way toward addressing the ways in which systemic racism impacts the legal system.

Overall, we cannot deny the impact that systemic racism has had and continues to have on the way civil and commercial law is practiced in the US. Addressing these issues requires a multifaceted approach that targets structural inequality, implicit bias, and the legal education system itself. Only by working together and with a commitment to social justice can we hope to create a truly equitable legal system that serves all members of society in an unbiased and just manner.