5/3/2023 0 Comments Critical race theory pdf![]() ![]() As such, the job of the law is to isolate the “bad apples” and punish them, while leaving the overarching structure of society unimplicated in the problem of racial injustice or inequality. ![]() Third, one of the ways that the law does this is by exceptionalizing racism, that is, by treating it as an unfortunate aberration to what is an otherwise just social order.Second, even laws ostensibly designed to dismantle racial subordination, such as the equal protection clause of the 14 th Amendment, have done less to advance racial justice than to perpetuate existing race-based inequity.First, the law has played a critical role in the maintenance of white supremacy and the subordination of people of color in the U.S.Bell and other Critical Race scholars thought it necessary to create this framework to investigate why even after the 13 th, 14 th and 15 th Amendments (otherwise known as the Civil Rights Amendments) and the 1964 Civil Rights Act, the 1965 Voting Rights Act, and the 1968 Fair Housing Act, Black Americans still faced huge disparities in almost all areas of life including, but not limited to, employment, healthcare, voting, housing, and education.Ĭritical Race Theory rests on several fundamental insights: Generated significantly in response to the Critical Legal Studies movement, Critical Race scholars such as Professors Derrick Bell, Kimberlé Crenshaw, Kendall Thomas, Patricia Williams, Mari Matsuda, Charles Lawrence, and Richard Delgado, to name only a few, insisted that an interrogation of law must center race in its analysis of the impact that legal rules, systems, and institutions have had-and continue to have-on people of color, particularly Black individuals and communities, in the United States. (scroll to the bottom of this page to download this FAQ as a pdf)Ī: Critical Race Theory (CRT) emerged in the 1980s when scholars of race and racial justice insisted that a critique of law include an account of law’s role in perpetuating white supremacy and structural race-based inequality.
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