No abstract

Through an examination of legislative debate and court opinions, this article illustrates that the French understanding of public order policing as a bulwark of freedom and national sovereignty deeply informed the development of (and contestation surrounding) the 2010 ban on all facial coverings in public. This ban notably includes the burqa or niqab, garments worn by a small minority of Muslim women in France. This article has two aims. The first is to expand on the sociolegal argument about the contested nature of rights protections and constitutional constraints on legislative authority by highlighting how a nation's legal culture can profoundly shape that contestation. The second aim of this article is to show, through a technique called legal archaeology, how longstanding French views on rights confront current European‐inspired alternative views that would give more weight to individualistic protections against state action than has traditionally been the case in France.

No abstract

In this article examining Black Lives Matter in France, we consider how French politicians and others in the public sphere use a U.S./France contrast frame to deny or downplay the existence of systemic racism within France. In so doing, they delegitimize as un-French or as too Americanized those French anti-racist activists who claim that racism in France is systemic and who challenge republican difference-blindness. To demonstrate this, we specifically focus on anti-racist activism against police violence and argue that, contrary to accusations by French political leaders, anti-racist activists do not directly impose U.S. Black Lives Matter discourse onto the French context. Rather, they deploy it in conversation with existing and long-standing anti-racist mobilization in France. This comparison between the United States and France also reveals the unique challenges of addressing police violence as a manifestation of racism in France, where anti-racist activists must fight to even name race and racism.

No abstract