Thursday, August 5, 2021

Critical Race Theory History

 I have found that Google Scholar is helpful to get past the media and journalistic fog on a topic.

Google Scholar

When I chose "critical race theory an introduction" I got a list of mainly textbooks on the topic, however I did get at near the top of the list a highly referenced article that included a downloadable pdf.

The Rise, De The Rise, Development and F elopment and Future Directions of Critical Race ections of Critical Race Theory and Related Scholarship

by Athena D. Mutua  (University at Buffalo School of Law)

Below you will find the contents. I have not read the whole thing but it is well organized, and so I have figured out what I need to know which I have summarized below. Some of  you may be interested enough in the whole topic to read the whole thing.

TABLE OF CONTENTS

INTRODUCTION ..................................................................................................... 330

I. OVERVIEW ........................................................................................................... 333

II. INTELLECTUAL ANTECEDENTS .................................................................... 340

Ill. CONFLICT AS AN ENGINE OF CRT INTELLECTUAL AND

INSTITUTIONAL GROWTH .................................................................................... 345

A. Alternative Course: Confronting Colorblindness ................................................... 346

B. Conflict with CLS: The African American Experience as an 

Analytical and Methodological Framework ................................................................ 347

C. Internal Conflict within the CRT Workshop: Expanding the Analytical Framework and Building the Commitment to Antisubordination ............................................................................. 349

D. UCLA, Proposition 209 and the Entrenchment of CRT:

Confronting the Whiteness of Colorblindness Again ................................................. 352

IV. CRT TENETS AND METHODOLOGY .................................................. 353

V. LAW AND THE CONSTRUCTION OF RACE ....................................... 358

A. Early Construction of Race by Law ......................................................... 359

B. Colorblindness in Law Blocking Racial Progress ..................... 362

VI. CRT-RELATED SCHOLARSHIP, THE LATCRIT EXAMPLE:

DEEPENING AND BROADENING THE CRT PROJECT? .......... . . . .. . . . . .. . 369

A. Antiessentialism and Intersectionality: Informing Formation,

Leading to Multidimensionality ................................................. 370

B. Multidimensionality: An Emerging Theory? .............................. 373

C. Antisubordination Praxis ........................................................... 374

V II. CLASS CRITS? .................... .. . . . . .. .. . . . .. . . .. . . . . .. . . . . . .. . . . . .. . . . . ..

A. Tendencies, Tensions and Fears as Obstacles to Critical Class Analysis .................................................................................... 379

B . W hy ClassCrits? ......................................................................... 388

C ONCLUSION ....................................................393

MY SUMMARY AND OPINION

In the aftermath of the civil right movement, Derek Bell, the first African-American tenured professor at Harvard Law School among others began to question how much progress had been made.  He questioned whether all the desegregation orders and creating racial balance in schools had actually improved the education of Black students.  He also questioned the motives of Whites in supporting the civil rights movement, pointing out that it might have had more to do with presenting a better image of America in the war on Communism than actual concern for Black people. 

One of the main concerns of these critics was the development of the notion of that the law should be "colorblind" even though the notion appealed to some MLK speeches.  

A central theme of Critical Race Theory, therefore, is to explore the ways in which legal colorblindness, in supplanting overt legal racial ordering, has not only allowed law to ignore the social and institutional structures of oppression created historically and recreated presently in law and practice but also has blunted efforts to dismantle the racial caste system, working instead to maintain it. 

The theory of "colorblindness" attributed racial injustice to the internal attitudes of some White people rather than questioning how a social and economic system resulted in so many Black men being in prison, and poorer health, educational, and economic outcomes for Black people.

The critical race workshop met annually from 1989 until 1997. Attendance at the workshop was by application and "invitation only"--a policy that contributed to the critique of CRT as elitist. However, according to Phillips, the policy was meant to facilitate sustained engagement over a five-day period of a small group of people committed to "radical transformative politics."  As such, the workshop did not issue "a general invitation to all legal scholars of color, no matter how conservative or parochial, to simply come hang out."' Rather, she suggests, this was the workshop's attempt to institute what Frank Valdes later called "a move from color to consciousness," the idea that "alliances are best built on shared substantive commitments, perhaps stemming from similar experiences .. .with subordination, rather than traditional fault lines like race or ethnicity. But, this principle was not extended to include white scholars with similar commitments. White scholars were excluded from participating in the workshop, a decision which generated debate as to whether this was a pragmatic attempt to construct safe space and inhibit the reproduction of white racial hierarchy, or simply an unprincipled decision.'  In either case, the question became moot with the cessation of annual CRT workshops and the almost simultaneous founding of the annual LatCrit conferences with its commitment to anti-essentialist practice and its open-door policy that welcomed whites

So while CRT began as a Black movement it was taken over by a broad coalition of people with other interests: feminist, Latino/a, gay and lesbian. Rather than seeing things through a Black vs. White dichotomy they saw Whites (mostly men) dominating a whole stretch of groups (women, Hispanics, gays) as well as Blacks. Two important insights that have shaped this have been the anti-essentialist insight (not all Blacks, or women are the same) and the intersection insight ( Black women are treated as both Black and Woman, i.e. doubly subordinate)

The anti-essentialist insight was complemented by intersectional theory, which allowed for a more nuanced understanding of intra-group difference. It simultaneously demonstrated the links between different systems of subordination such as racism, sexism, and heterosexism as located in the particular social positions of racial subgroups, such as Latinas or black women.  Intersectional theory, first articulated as a theory by Kimberly Crenshaw, drew upon black feminist thought which had consistently argued that black women were not only oppressed by the white supremacist system of racism but were also oppressed by the patriarchal practices and system of sexism. The theory thus explored the experiences of black women at the intersection of racism and sexism, rejecting a single-axis framework (race or gender) for understanding the arguably doubly burdened conditions of black women.

However for all this concern about domination usually as expressed in culture such as art, literature and music,  the author of this monograph says that CRT has ignored the issue of class, i.e. economics

But political and other analytical pressures also exist that may have hindered the development of class analyses within CRT and strengthened the tendency toward the discursive turn. For example, hesitancy to take on class may result from fear of analyzing or critiquing capitalism, the reigning economic order, given the political environment that champions unfettered capitalism as a panacea for all ills despite its apparent tendency to concentrate wealth in the hands of a few. This tendency uninterrupted by policy decisions to curb it or disrupt its lopsided material distributions, has increasingly created and cemented vast economic inequalities in the social system, widening and hardening the gap between the rich and the poor. However, engagement with class issues as a potential critique of this situation may be seen as politically difficult and unpopular given the politics of triumphant which celebrate the failure of communism and conclude the inadequacy of Marxist analyses with their particular emphasis on class divisions.

 

 

16 comments:

  1. I think the emergence of class divisions is not regarded enough. In India, it was even overtly built into the cultural and religious system. The only way to change class was to die and be reborn. Now we ignore it because, supposedly, we have class mobility, and it questions wealth distribution. But it's a fundamental problem in human society and psychology.

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  2. Derek Bell "...questioned the motives of Whites in supporting the civil rights movement, pointing out that it might have had more to do with presenting a better image of America in the war on Communism than actual concern for Black people." Doing the right thing for the wrong reason is still better than not doing the right thing. Even though desegregation didn't solve all the problems, it was a necessary step, even though some might call it "legal colorblindness".

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    1. While I suspect that Bell encountered people at Harvard and in the Washington policy establishment whose motives were primarily aimed at combating communism, the vast majority of Americans who sympathized with the civil rights movement did so because they abhorred the bad treatment they saw on TV of those who marched for civil rights.

      That was certainly not freedom and democracy as most people understood it. So indirectly communism might have pushed Americans to stand up for American values.

      Finally the cynical motives argument ignores the importance of religion in the civil rights movement. MLK was able to wrap civil rights with the cloak of scripture. He called for and received the support of White religious leaders.

      Now of course their are always people around who have a vested interested in the status quo who will go along with change because they want it to do the least harm to their interests.

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  3. "Attendance at the workshop was by application and "invitation only"--a policy that contributed to the critique of CRT as elitist. However, according to Phillips, the policy was meant to facilitate sustained engagement over a five-day period of a small group of people committed to "radical transformative politics." As such, the workshop did not issue "a general invitation to all legal scholars of color, no matter how conservative or parochial, to simply come hang out."' Rather, she suggests, this was the workshop's attempt to institute what Frank Valdes later called "a move from color to consciousness," the idea that "alliances are best built on shared substantive commitments ..."

    In other words: this really is a political movement, not a disinterested scholarly field.

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  4. The two - political movement and scholarly endeavors - are not mutually exclusive. They hope to influence policy (the political aspect) by building a body of information through scholarly work. Normally this type of effort is not done by disinterested people, but by people who care enough about an issue, whether climate change, poverty, racism or any other issue or challenge to society, to try to do something about it, the rationale for developing a firm foundation of knowledge based on scholarship.

    The Éducation Week article gives a clear explanation of what the controversy means for education., an article that may be of interest to those who teach, or will be teaching, in public schools rather than private.

    https://www.edweek.org/leadership/what-is-critical-race-theory-and-why-is-it-under-attack/2021/05

    From the article

    “ Fundamentally, though, the disagreement springs from different conceptions of racism. CRT puts an emphasis on outcomes, not merely on individuals’ own beliefs, and it calls on these outcomes to be examined and rectified. Among lawyers, teachers, policymakers, and the general public, there are many disagreements about how precisely to do those things, and to what extent race should be explicitly appealed to or referred to in the process.”

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    1. "“ Fundamentally, though, the disagreement springs from different conceptions of racism. CRT puts an emphasis on outcomes, not merely on individuals’ own beliefs, and it calls on these outcomes to be examined and rectified. Among lawyers, teachers, policymakers, and the general public, there are many disagreements about how precisely to do those things, and to what extent race should be explicitly appealed to or referred to in the process.”"

      Again - this is political advocacy. Or, if you will, it's think-tank-ery. Sprinkling in a dash of research to further a political cause. It's what the Guttmacher Institute does. Or the Heritage Foundation.

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    2. Jim, yes, this is political advocacy. Is that bad?

      Are you opposed to ALL political advocacy? Or only that advocacy that you disagree with?

      Please clarify why you keep focusing on the fact that this supports political advocacy. It implies that you think that this is wrong somehow.

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    3. Jim, did you read the whole Ed Week article? It might be helpful because your daughter (and town) may very well have to figure out how to teach the truth, no whitewashing, without becoming extreme on the other side - the Pollyanna view of American history (everything is wonderful here and has always been wonderful and America has never done anything wrong to anyone etc).

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    4. Yes, certainly, I oppose the advocacy of things I disagree with (things I think are bad). Doesn't everyone? But as an American, I should defend - to the death, if necessary - the right of other Americans to advocate.

      I guess I've already made abundantly clear that I'm extremely skeptical - and opposed - to attempts to engineer equal outcomes via government programs and interventions. History tells us that that's the road to tyranny - and it's a short road.

      CRT is an important issue at the moment because of various initiatives to mandate that its principles be woven into school history curriculum. Do I think that's a subversion of education for political ends? 100% yes.

      The reaction on the part of many conservatives is to "ban CRT", whatever that means. Cf my views of citizenship above: banning others' rights to speak also strikes me as an abridgement of freedom.

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    5. Anne - re: Pollyanna and whitewashing: that's not how I was taught history in the 1960s and 1970s. Nor were my children taught that way when they were in primary school some 30-40 years later. The notion that our history curriculum needs radical rewriting is basically false.

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    6. I disagree. How is teaching the truth a subversion of education?

      In some parts of the US, the history curriculum is whitewashed. And the conservative opponents to CRT are working to try to continue that or even expand it. . Of course, the meaning of CRT isn’t the same for everyone.

      I know that I was never taught much about racism except for slavery and the civil war. I never knew about school segregation and redlining in neighborhoods, nor was I taught that all those confederate statues were put up during the Jim Crow era as part of the effort to encourage opposition to the expansion of civil rights for blacks. I was never taught the unvarnished history of the church growing up. I wasn’t taught that the church executed “ witches” as well as heretics. The Crusades were depicted as a good thing. The church’s persecutions of the Jews from almost the very beginning was never mentioned. Never heard about the church’s support of slavery either.

      I give JPII credit for a couple of things - ecumenism, and trying to begin reconciliation with the Jews, acknowledging the harm done to the Jewish people by Christians throughout history.

      How much were you and your children taught about what the white settlers did to the indigenous peoples in north and South America? All of those wars against them were framed as good things n my history books. Columbus was a hero.

      Since you oppose government intervention (but not ALL government intervention I assume) what ideas do you have to reduce racism in our country? Ignoring it in school curriculums won’t help. Without government intervention, discrimination based on race in housing and jobs would be legal. To change outcomes in hiring and housing, government intervention was needed. That’s why I fear those who want to discriminate based on their religious views- against gays primarily in our current culture. Laws and regulations to protect minorities are government interventions. Gays are a minority entitled to protection against discrimination. Do you oppose those protections too?

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    7. I was taught some of the gaps in education you mention - at least some of those things were discussed in the classroom. Some of them, to be sure, I wasn't taught. I don't think I ever had any coursework in church history at any level until I was in deacon formation. We certainly were taught about Jim Crow in high school American History class. I may have had the advantage of being a few years younger than other folks here at NewGathering; all my education was post-Civil-Rights era, when the achievements of that era had largely been consolidated, and there was a cultural consensus that these were good things.

      I had never heard of the Confederate-general-statue thing until within the last few years. Frankly, I think it's an exceedingly unimportant topic. I doubt 10% of the people in any of those southern towns today could have even identified the subjects of the statuary. In many cases, we could have told them who those generals were, and the answer would have been, "Never heard of him." I have no objections to many of them being taken down. I do object to great Americans like Lincoln(!) having his name removed from schools because he allegedly fails some anachronistic purity test administered by modern ideologues who almost certainly know less history than he did with his single year of formal education.

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    8. "what ideas do you have to reduce racism in our country?"

      No brilliant ideas. I do agree that laws and court decisions are part of the solution, insofar as they can forbid unjust practices such as the Jim Crow laws and customs, redlining, etc.

      I also think education and, for want of a better term, consciousness-raising, is part of it. If we can induce people to reflect on their attitudes, habits and biases, that can make at least somewhat of a difference. The recent focus on unconscious bias strikes me as a good thing (even though I am given to understand that it's not universally accepted as having been demonstrated to be a real thing). I helped lead a seminar on unconscious bias with other managers at my place of employment this week. I found my group (all men, as it happened, but not all white) willing to wrestle with the problem, sincerely wishing to fix the issues, and thoughtful about what they can do as leaders to mitigate it across our organization.

      We also can teach our children well. I'm a big believer that social change is largely intergenerational. My generation is, on the whole, less toxically racist than my parents'. My kids' generation is better than mine. So sorry to say, part of the answer is the patience to let old racists die out.

      In between government and the individual are the mediating institutions: schools, churches, workplaces, police departments, the military and so on. As I've written here before, I think the notion of systemic racism is real. We've certainly seen it operational in police departments, and and I suspect most of us can point to examples in our places of employment over the years. In Catholic social justice terms, we'd call these examples of "structures of sin". It's very difficult to get a social institution like a company or a church to change its culture and behavior. In some cases, it may require fresh, new leadership (cf the intergenerational aspect of change).

      So in summary: I think government has a part to play, but it can't fix everything, and we shouldn't want it to.

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    9. As a middle school student in the early 60s the Sisters of St. Joseph who taught in the school I attended actually did cover civil rights current events. My parents were Goldwater Republicans and were sort of uncomfortable with it, but never really articulated why.
      I never heard of the Confederate statues either, I think they came about a lot later than immediate post-Civil War.
      And what is the deal with cancelling Lincoln? As far as I know he is still considered the "great emancipator".

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  5. Jim: I had never heard of the Confederate...statue thing until ...the last few years. ...I think it's an exceedingly unimportant topic. I doubt 10% of the people in any of those southern towns today could have even identified the subjects of the statuary.

    Maybe your education in history wasn't quite as complete as you remember it.

    Actually, it's a very important topic. There are lots of statues to Civil War generals in the part of the country where I live. They are being removed, one by one. I am glad. Because I really would not enjoy explaining to my African-American grandchildren why men are honored who were traitors to the US and fought a bloody war in order to preserve slavery. One doesn't drive around Germany and find statues and monuments that honor Hitler or his generals - for good reason. They are unworthy of honoring.

    Most people in the towns where statues and monuments honor confederate leaders are very aware of who those statues honor and why. They know who the statues are, and some (a minority fortunately) continue to take flowers etc to them. Fortunately a majority of those in the towns and cities in Maryland and Virginia want the statues removed. Charlottesville, where the white supremacists and neo-nazis marched to object to the removal of the statue of Robert E. Lee (killing a young woman) has other statues also, which will also be removed. It's the same in Richmond, VA - lots of statues, lots of removals scheduled. A judge in VA had to recuse himself from one of the cases brought to fight the removal of the statues because he is descended from one of the generals.

    There is a difference between preserving historical sites and keeping statues meant to honor a Confederate leader. Lee is an example - his home, Stratford Hall in Virginia (worth a visit if you are in that neighborhood) is the Lee family ancestral home.It was the home of his own grandparents, including two signers of the Declaration of Independence (one was Harry "Lighthorse" Lee). The home is not a subject of controversy as it is history. The statues should be removed because they were erected during the Jim Crow era to honor men who do not deserve to be honored. It is fine to move them to a museum, but only as object lessons of people the country was saved from.

    I have lived for more than 50 years now within an hour's drive of several major civil war battlefields and historic sites - Gettysburg, Antietam, Manassas (Bull Run to you northerners), Harper's Ferry, where John Brown led a slave revolt, commemorated in Pete Seeger's song, "John Brown's Body (lies a moldering in the grave). A confederate statue in DC was removed last year, There are still 12 statue of Confederate leaders in Statuary Hall in the US Capitol building, awaiting action by the states that put them there to remove them. A confederate statue was removed last year from the grounds of our local courthouse. It stood about 2 blocks from our Episcopal Church, which is also a Civil War historic site, The vestry was pro-Union, and they were arrested by Confederate Gen. J.E.B Stuart. A local high school in Virginia was called J.E.B Stuart high school until last year when the community (students, families and administration) voted to change the name. Virginia was the site of a majority of the major civil war battles (most of which are within a 2-3 hours drive of our home), and there are few towns in Virginia where you won't find a confederate statue.

    Removing them is necessary and important to send a message - this country rejects everything the confederacy stood for, and we are continuing to fight racism, the legacy of slavery and Jim Crow. If any of you come to DC, the National Museum of African American History is worth several hours of your time. It is on the mall with all the other Smithsonian museums.

    Perhaps, Jim, if you visited that museum you would understand exactly why removing these statues is very important.

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    1. Re whitewashing history. Mount Vernon (Washington's plantation) and Monticello (Jefferson's plantation) played down visiting sections of the properties for many years - the slave quarters. I have been to both many times over the years, often in my role of tour guide for out of town guests (happy to do the same for any of you should you decide to visit this area). This side of these men's history was downplayed, mostly hidden from view. Now there is a dedicated tour of the slave quarters, slave cemetery and memorial at Mount Vernon.

      https://www.mountvernon.org/plan-your-visit/calendar/events/the-enslaved-people-of-mount-vernon-tour/

      Monticello rebuilt much of the slave quarters and work areas also. In 2017 archeologists found the site of Sally Hemings' slave quarters - she was the mother of six of his children, a reality that was only acknowledged in recent years.

      https://www.theguardian.com/us-news/2015/may/02/thomas-jefferson-monticello-slaves-quarters

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