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Legal Constructions of Race in the Netherlands

Legal Constructions of Race in the Netherlands

Why does racial discrimination and inequality remain a problem in modern society? By now, most academic discussions accept that the idea of ‘race’, when used to describe individuals or groups of people, is not a biological fact, but a social construct. However, explaining how this social construction works in practice can be difficult. This course aims to remedy that difficulty.

Using the Netherlands as a case study, it provides historical context and concrete examples of how ‘race’ has functioned as a legal concept throughout history and how laws regulating race have adapted to the postcolonial, some say even post-racial world. By examining how race is enacted through laws in different eras and territories, we will get to the central question of why racial inequality and discrimination persist.

While the course uses the Netherlands and the former Dutch empire as a primary case study, it does so through a comparative lens, aimed at students from all over the world. The course will highlight similarities in legal constructions of race among European colonial powers and how those colonial practices influence international law in the postcolonial era, especially as it pertains to issues of human rights and migration. Decolonization and decolonial movements in Asia and Africa will provide important counterexamples to racializing practices in Europe.

Finally, the history of legal constructions of race will be used to assess and evaluate the role of white supremacy in current populist movements across the world. All materials are in English.

Read more information about this course below.

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About this course

Course level

  • Beginner

Contact hours

  • 46

Language

  • English

Tuition fee

  • €938 - €1500

Additional course information

  • Curriculum overview

    The first half of the course will look at the legal invention of race, as developed through Dutch colonial practices in Asia, Africa and the Americas, and the institution of global chattel slavery. We will trace these legal developments through the rise of the concept of state citizenship and explore how that citizenship was exercised differently in the European territory of the Netherlands and in its colonial territories in the Caribbean and Southeast Asia.  We will finish the week examining the impact of World War II and independence movements across Asia and Africa on legal practices of racialization in Europe.

    The second half of the class will examine how race works in postcolonial Europe.  We will look at the creation of laws passed to combat racial discrimination, at both the international and domestic levels, and policies created to address social and economic inequalities in groups of people the Dutch government referred to as ‘ethnic minorities’. We will then look at how those laws have (or have not been) enforced in the intervening decades, and how they have impacted activism regarding racial inequality, from the 1980s through the Black Lives Matter movement of the 2020s.  

    Despite the word law in the title, the course takes an interdisciplinary approach, drawing on history, sociology and anthropology, as well as case law and policy. The course will also take an intersectional approach to questions of racialized inequality and injustice, interrogating how issues of ‘race’ overlap with other social constructs like gender, sexual orientation, class and citizenship. While the focus will be on the Netherlands, the course will be comparative, placing Dutch practices in conversation with those across Europe and beyond.
    We will assess the effectiveness of using of domestic and international laws and courts to combat racial inequality and brainstorms strategies to pursue these goals in the future. As much as possible we will draw on the people and resources in the City of Amsterdam to contextualize our discussions and make them concrete. The course will include several field trips and guest lectures where students can observe and discuss how legal constructions of race operate in everyday life.

    Final assessment will take the form of an unessay, an independent project in which students define their own learning goal or question and demonstrate what they have learned in a medium of their choosing. Options may include creative writing, visual art, film or performance, as well as a traditional essay or research paper.

  • Learning objectives

    By the end of this course, students will be able to: 

    1. Define the concepts of social and legal constructions of race and other identity-linked concepts
    2. Explain how legal and social constructions apply to concepts of race and citizenship
    3. Describe how different legal status of Dutch citizens from former colonies impacted migration and establishment of communities in the Netherlands. Compare the Dutch experience to those in North America and other European countries
    4. Evaluate the role of legal construction of race and citizenship in current controversies surrounding migration, hate speech and criminal justice
    5. Evaluate the efficacy of using law and courts to address historic and present-day disputes around race, racism or inequality.
  • About the course coordinator

    Alison Fischer joined the Vrije Universiteit Amsterdam Law Faculty in 2025, after completing her PhD in law at Leiden University. Her research examines how groups of people used law to create, enforce or fight against racial hierarchies in the Netherlands throughout Dutch history. Prior to obtaining a PhD, Alison taught interdisciplinary courses at the College of Politics, Psychology, Law and Economics (PPLE) at the University of Amsterdam and the IES Abroad program. Before immigrating to the Netherlands in 2011, Alison worked as a criminal defense lawyer and community organizer in the United States. She has a bachelor’s degree in Political Science and Creative Writing from the University of North Carolina Chapel Hill (1999) and a doctorate of jurisprudence from Columbia University (2005). She is currently working on collaborative research and teaching between the faculties of law and humanities, emphasizing the afterlives of Dutch colonial history and slavery and their impact on present-day society.

  • Forms of tuition and assessment

    Tuition

    The course will be divided into approximately half classroom instruction (some lecture but with an emphasis on classroom-discussion led by student questions), and half experiential learning, for example, guided tours, student-led site visits and collaborative projects. Three days will include group field trips, two in Amsterdam and one in Rotterdam, with one afternoon for students to explore relevant parts of Amsterdam in small groups. Readings and other background assignments should be done in advance, so in-class time can focus on discussion and questions.

    Assessment

    At the beginning of the course, each student will set their own learning goal; at the end, they will demonstrate what they have learned through any medium they choose. This is called an 'unessay'. It might take the form of a comic book, collage or other visual artifact or craft; it may be a TikTok video or Instagram reel; it might be a game, a blog post, a podcast, short story or a poem. It might even be an actual essay, in a format of the student’s choosing. Students will receive a template to help them decide on the form. The unessay will count for 60% of the final grade, broken down into defining a learning goal (10%), drafting a project proposal (20%) and the final unessay product/presentation (30%). Students will write three short reflections (less than one page) on the field-trips and how they relate both to the individual student’s learning goals and course work (3x10%). They will also collaborate to evaluate each other’s unessays, both at the project proposal phase (5%) and the presentation phase (5%), giving feedback and reflecting on what they have learned from each other.

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