One way of describing critical race theory (CRT), a body of work which began in the 1980s, is that it aims to expose and explain the role of law in creating and sustaining societal structures of ‘race’ and ‘racial’ oppression. In CRT approaches, in contrast to liberal legalism’s anti-discrimination approach, law is understood to be the problem, not the solution, which has myriad implications for legal thinking and action.
In this seminar, we will read key texts from CRT’s early adopters, and consider more recent scholarship as well as accounts of parallel and alternative approaches. We will develop insights in relation to concepts and ideas about police, prisons and the state, racism in Canadian law and legal history, intersectionality theory’s legal roots, racial capitalism, lawyers in social and labour movement struggles, among other things. Students should expect to engage with scholarly proposals and prescriptions on law and racism with a view to understanding internal and external critiques of CRT as theory and method. This includes, fundamentally, whether CRT provides the most cogent way to contest oppression and exploitation in our time of polycrisis. Expect to be exposed to a range of reformist and radical critiques with black, antiracist and antifascist emancipatory legal politics figuring prominently. Our goal of exploring the utility of CRT as a way of understanding law and social relations promises to support the development of robust antiracist perspectives useful for (a) the study and practice of law in any and all areas, and (b) undertaking advocacy work within social/labour movement struggles.
Members of the seminar will be expected to attend on a weekly basis and engage regularly in a variety of formats. Classroom time will focus on efforts to carefully, with precision and nuance, consider the theory, its application and limitations. Discerning with precision zones of uncertainty and disagreement will be important.
The seminar will also feature guidance through the stages of writing a research paper in law, from developing a research question, outlining and organizing, and refining your views through writing.
Method of Evaluation:
In-class participation (including scheduled discussion leadership, presentation of a particular text/argument, engagement in classroom discussion on a weekly basis, a work in progress presentation & an attendance requirement) 25%.
Research paper of 5000 words: 75% of final grade. The final paper grade includes a series of required, graduated assignments leading to the final paper. Completion of these assignments in a timely fashion is required for acceptance of the final paper.