One way of describing critical race theory (CRT), a body of work which began in the 1980s, is to say it aims to expose and explain the role of law in creating and sustaining societal structures of race and racial oppression. In the CRT model, in contrast to liberal legalism’s anti-discrimination model, law is understood to be the problem, not the solution. Scholars also often describe CRT as praxis – theory that exists in how it is enacted rather than remaining abstract.
In this seminar, we will read key early texts from the originators of CRT and then consider more recent scholarship. Our goal will include exploring the utility of CRT as a way of understanding law and our relationship to it. Students should expect to engage with scholarly proposals and prescriptions, to understand internal and external critiques of CRT as theory and method, and to determine how and why something should be – or not be – considered part of the CRT tradition.
The class readings and discussions will consider the role of the lawyer if the legal system is part of a support structure for racial inequality. We will read works about the concept of racial capitalism, intersectionality theory’s legal roots, analysing the place of race in Canadian legal history, the relationship between lawyers and social movements, coalition building, and similar issues. If possible, Guest speakers will visit this classroom to discuss their experiences and teach from their expertise.
Members of the seminar will be expected to engage weekly in class in a variety of formats. Classroom time will focus on efforts to carefully, with precision and nuance, consider the theory and its application. Discerning with precision zones of uncertainty and disagreement will be important.
This class will feature guidance through the stages of writing a longer legal research paper, including use of citation management software (Zotero), developing a research question, engaging in Boolean searches in legal secondary literature databases, outlining and organization a longer paper, and developing your views through writing.
Method of Evaluation:
In-class participation (various formats including scheduled discussion leadership, presentation of a particular text/argument, engagement in classroom discussion on a weekly basis, a work in progress presentation or poster presentation & an attendance requirement) 25%.
Research paper of 5000 words: 75% of final grade. The final paper grade includes a series of graded & but required graduated assignments leading to the final paper (proposed research topic/question with short explanation & min 5 item scholarly bibliography; revision after feedback and expanded research, min 10 sources; expanded description or outline of paper; final paper). Completion in a timely fashion of these assignments is required for acceptance of the final paper.