Journal of Law and Political Economy

This essay examines how the operation of background rules and institutions provided by law leads to the expulsion of individuals under racial capitalism based upon gender. Aligning itself with anti-capitalist work by critical theorists of social reproduction and intersectionality, it contributes to perspectives on racial capitalism that regard gender, in the way it creates subjects and differentiates between workers, as a co-constituting force with race under racial capitalism. Women and transgender persons, because of gender, are precariously situated on the edge of exile from the economic order. It makes this argument by weaving feminist insights – particularly those articulated in scholarship on social reproduction and intersectionality – with perspectives on racial capitalism.