The Color of Justice: Segregation in the US and South Africa

Volume 8, Issue 1, February 2024     |     PP. 288-321      |     PDF (317 K)    |     Pub. Date: October 3, 2022
DOI: 10.54647/sociology84901    58 Downloads     908 Views  


Matthew Robinson, Appalachian State University, United States

In this paper, the author outlines how skin color (i.e., race) has impacted justice in the US (with a special focus on the southern United States) and the Republic of South Africa. The focus of this paper is on segregation, and the author illustrates similarities and differences between the two countries in terms of how identities associated with skin color impacted the practice of segregation in both countries. Emphasis is placed on the laws and institutions used to discriminate against people of color over the passage of time. Note that the focus of this paper is on treatment of Blacks, specifically, with limited commentary on other populations (e.g., Native Americans in the US, “Coloreds” and Indians in South Africa). A future paper will explore the treatment of these other groups, as well as other forms of discrimination used in both countries. The paper identifies the purposes of segregation in each country, rooted in theories of racial discrimination.

Justice, law, race, skin color, discrimination

Cite this paper
Matthew Robinson, The Color of Justice: Segregation in the US and South Africa , SCIREA Journal of Sociology. Volume 8, Issue 1, February 2024 | PP. 288-321. 10.54647/sociology84901


[ 1 ] Alexander, M. (2010). The New Jim Crow: Mass incarceration in the age of colorblindness. New York: New Press.
[ 2 ] Al Ramiah, A., Hewstone, M., Dovidio, J., & Penner, L. (2010). The social psychology of discrimination: Theory, measurement, and consequences. In Russell, H., Bond, L., & McGinnity, F. (Eds.). Making equality count: Irish and international approaches to measuring discrimination (pp. 84-112). Dublin, Ireland: Liffey Press.
[ 3 ] Alvarez, R., Lutterman, K. et al. (1979). Discrimination in organizations: Using social indicators to manage social change. San Francisco, CA: Jossey-Bass.
[ 4 ] Barrera, M. (1979). Race and class in the Southwest: A theory of racial inequality. Notre Dame, IN: University of Notre Dame Press.
[ 5 ] Benedict, R. (1945). Race and racism. London, England: Routledge and Kegan Paul.
[ 6 ] Blauner, R. (1972). Racial oppression in America. New York: Harper and Row.
[ 7 ] Bonilla-Silva, E. (1997). Rethinking racism: Toward a structural interpretation. American Sociological Review, 62(3): 465-480.
[ 8 ] Bonilla-Silva, E., & Lewis, A. (1997). The “new racism”: Toward and analysis of the U.S. racial structure, 1960s-1990s. Ann Arbor, MI: Department of Sociology, University of Michigan.
[ 9 ] Bowser, B. (2017). Racism: Origin and theory. Journal of Blackstudies, 48(6): 572-590.
[ 10 ] Britannica (2021). Critical race theory. Downloaded from:
[ 11 ] Byron, R. (2010). Discrimination, complexiy, and the public/private sector question. Work and Occupations, 37, 435-475.
[ 12 ] Caravelis, C., & Robinson, M. (2015). insert
[ 13 ] Carmichael, S. (1971). Stokely speaks: Black power back to Pan-Africanism. New York: Vintage Books.
[ 14 ] Cell, J. (1982). The highest stage of white supremacy: The origins of segregation in South Africa and the American south. New York: Cambridge University Press.
[ 15 ] Chesler, M. (1976). Contemporary sociological theories of racism. In Katz, P. (Ed.), Towards the elimination of racism (pp. 21-71). New York: Pergamon.
[ 16 ] Cruz, A. (2017). Europeans invented the concept of race as we know it. Timeline, July 21. Downloaded from:
[ 17 ] Curran, A. (2020). Facing America's history of racism requires facing the origins of “race” as a concept. Time, July 10. Downloaded from:
[ 18 ] Delgado, R., Stefanic, J. (2012). Critical race theory: An introduction. New York: New York University Press.
[ 19 ] Dodge, A. (2020). Sanitized Apartheid The Post-Racial Hoax in South Africa and the United States. Leiden, Netherlands: Brill.
[ 20 ] Dovidio, J., & Gaertner, S. (2004). Aversive racism. In Zanna, M. (Ed.), Advances in experimental social psychology (pp. 1-52). San Diego, CA: Academic Press.
[ 21 ] Eldridge, E., & Morton, F. (2019). Slavery in South Africa: Captive labor on the Dutch frontier. New York: Routledge.
[ 22 ] Fredrickson, G. (1982). White supremacy: A comparative study in American and South African history. New York: Oxford University Press.
[ 23 ] George, J. (2021). A lesson on critical race theory. Downloaded from:
[ 24 ] Gross, T. (2017). A “forgotten history of how the U.S. segregated America.” NPR, May 3. Downloaded from:
[ 25 ] Johnson, O. (2014). Still separate, still unequal: The relation of segregation in neighborhoods and schools to education inequality. Journal of Negro Education, 83, 199-215.
[ 26 ] Jost, J., Burgess, D., & Mosso, C. (2001). Conflicts of legitimation among self, group, and system: The integrative potential of system justification theory. In Jost, T., & Major, N. (Eds.), The psychology of legitimacy: Emerging perspectives on ideology, justice, and intergroup relations (pp. 363-388). New York: Cambridge University Press.
[ 27 ] Kwate, N., Goodman, M., Jackson, J., & Harris, J. (2013). Spatial and racial patterning of real estate broker listings in New York City. The Review of Black Political Economy, 40, 401-424.
[ 28 ] Lumen (2020). Introduction to sociology. Theories of race and ethnicity. Downloaded from:
[ 29 ] Magnis, N. (1999). Thomas Jefferson and slavery: An analysis of his racist thinking as revealed by his writings and political behavior. Journal of Black Studies, 29(4), 491-509.
[ 30 ] Marx, A. (1998). Making race and nation: A comparison of South Africa, the United States, and Brazil. New York: Cambridge University Press.
[ 31 ] Meares, T. (2014). The law and social science of stop and frisk. Annual Review of Law and Social Science, 1, 335-352.
[ 32 ] Meyer, J. (2007). The economics of slavery: And other studies in econometric history. New York: Routledge.
[ 33 ] Moore, J. (1970). Colonialism: The case of the Mexican-Americans. Social Problems, 17, 463-472.
[ 34 ] National Park Service (2021). The Dawes Act. Downloaded from:
[ 35 ] Omi, M., & Winant, H. (1994). Racial formation in the United States: From the 1960s to the 1980s. New York: Routledge and Kegan Paul.
[ 36 ] Omi, M., & Winant, H. (1986). Racial formation in the United States: From the 1960s to the 1980s. New York: Routledge.
[ 37 ] Robinson, M. (2021a). Criminal injustice: How politics and ideology distort American ideals. Durham, NC: Carolina Academic Press.
[ 38 ] Robinson, M, (2021b). Theories of justice in The Freedom Charter and Constitution of the Republic of South Africa. Orbiter.
[ 39 ] Robinson, M. (2018). Media coverage of crime and criminal justice. Durham, NC: Carolina Academic Press.
[ 40 ] Robinson, T. (1997). Law and order, by any means necessary: The life and times of Willis V. McCall, Sheriff of Lake County, Florida. Tallahassee, FL: Florida State University.
[ 41 ] Roediger, D. (2021). Historical foundations of race. Downloaded from:
[ 42 ] Rothstein, R. (2018). The color of law: The forgotten history of how our government segregated America. New York: Liveright.
[ 43 ] Russell-Brown, K. (2008). The color of crime: Racial hoaxes, White fear, Black protectionism, police harassment, and other macroaggressions. New York: NYU Press.
[ 44 ] Schaefer, R. (1990). Racial and ethnic groups. Chicago, IL: Scott Foresman/Little Brown Higher Education.
[ 45 ] Smedley, A. (2007). The history of the idea of race … and why it matters. Paper presented to the American Anthropological Association. Downloaded from:
[ 46 ] Smedley, A. (1999). Race in North America: Origin of a Worldview. Boulder, CO: Westview Press.
[ 47 ] Smedley, A. (1997). Origin of the idea of race. PBS, November. Downloaded from:
[ 48 ] South African History Online (2021a). History of slavery and early colonization in South Africa. Downloaded from:
[ 49 ] South African History Online (2021b). The homelands. Downloaded from:
[ 50 ] South African History Online (2021c). The Union of South Africa. Downloaded from:
[ 51 ] Tajfel, H., & Turner, J. (1986). The social identity theory of intergroup behavior. In Worchel, S., & Austin, W. (Eds.), Psychology of intergroup relations (pp. 7-24). Chicago: Nelson-Hall.
[ 52 ] Templeton, A. (2013). Biological races in humans. Studies in History and Philosophy of Biological and Biomedical Sciences. Advanced copy. Downloaded from:
[ 53 ] Thellwell, C. (2020). Exporting Jim Crow: Blackface minstrelsy in South Africa and beyond. Amherst, MA: University of Massachusetts Press.
[ 54 ] Turner, J., Hogg, M., Oakes, P., Reicher, S., & Wetherell, M. (1987). Rediscovering the social group. Oxford, England: Basil Blackwell.
[ 55 ] van den Berghe, P. (1967). Race and racism: A comparative perspective. New York: John Wiley and Sons.
[ 56 ] Walker, S., Spohn, C., & DeLone, M. (2017). The color of justice: Race, ethnicity, and crime. New York: Cengage.
[ 57 ] Wellman, D. (1977). Portraits of White racism. Cambridge, England: Cambridge University Press.
[ 58 ] Williams, J., & Romer, C. (2020). Black deaths at the hands of law enforcement are linked to historical lynchings. Economic Policy Institute. June 5. Downloaded from:
[ 59 ] Winant, H. (1994). Racial conditions: Politics, theory, comparisons. Minneapolis, MN: University of Minnesota Press.
[ 60 ] Woods, L. (2012). The federal home loan bank board, redlining, and the national proliferation of racial lending discrimination, 1921-1950. Journal of Urban History, 38, 1036-1059.
[ 61 ] Worden, N. (2010). Slavery in Dutch South Africa. New York: Cambridge University Press.
[ 62 ] Wright, G. (2013). Slavery and American economic development. Baton Rouge, LA: LSU Press.