Legal scholar Cheryl Harris’s groundbreaking 1993 article, “Whiteness as Property,” argues that whiteness has historically been treated as a form of property in the United States, conferring tangible and intangible benefits to those who possess it. Like other forms of property, whiteness has been constructed, defined, and protected by the law, enabling its owners to control, transfer, and benefit from its value. This concept manifests in various historical and contemporary examples, including redlining, racially restrictive covenants, and disparities in access to education, healthcare, and employment opportunities.
Harris’s analysis provides a critical framework for understanding how racial inequality is not merely a product of individual prejudice but is deeply embedded in legal structures and social institutions. Her work highlights how the legal system has historically played a pivotal role in creating and perpetuating racial disparities by affording legal protections and advantages to whiteness. Understanding this framework is crucial for addressing systemic racism and working towards a more equitable society. The concept provides a powerful lens through which to analyze the persistence of racial inequality and the challenges in achieving true racial justice.
