Agricultural Hierarchy and the
Legal Condition of Chicana/os
in the Rural Economy

by

Guadalupe T. Luna
Northern Illinois University

Working Paper No. 37

December 1997

 

This paper examines alternative interpretations that encompasses the realm of Lat-Crit and Critical Race Theory scholarship and its application to workers within the agricultural hierarchy.13 Representing new forms of legal jurisprudence allows examining legislation written primarily by the dominant population that continues to exclude the agricultural worker.

Outside of this perspective, an examination of federal public law and its enrichment of the sector while causing the impoverishment of agricultural laborers remains largely omitted from legal directed study. From the perspective of Critical Race Theory and Lat-Crit Theory, Professor Richard Delgado provides:

Unless we recognize the government's power to enrich A, while ignoring B, can cause inequality between A and B just as surely as its power to impoverish B directly we risk repeating the error of the universal story's herdsman whose goats were stolen while he attended to another danger.

In contrast to the status quo, the goal of this paper seeks to engage a more productive debate on the agricultural workforce and its position in the agricultural hierarchy. Without alternative interpretations, agricultural legislation reflects skewed renditions of promulgation and application of agricultural law, with further misalignment of democratic principles which render dissimilar treatment of its citizens and as violating constitutional dictates.

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