Michael O. Emerson and George Yancey
- Published in print:
- 2010
- Published Online:
- May 2012
- ISBN:
- 9780199742684
- eISBN:
- 9780199943388
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199742684.003.0013
- Subject:
- Sociology, Race and Ethnicity
For the scholars who disagree with the solutions put forward in the previous chapter, it is whites who must dismantle the racialized society. But since the majority group benefits from the racialized ...
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For the scholars who disagree with the solutions put forward in the previous chapter, it is whites who must dismantle the racialized society. But since the majority group benefits from the racialized society, why would it be willing to work against its own racial advantage? From a utilitarian premise, no real reason exists for individuals in the majority group to want change the racial status quo. Another persistent problem for those advocating majority-group obligations is that past racial discrimination was quite blatant and easy to see. Advocates of racial solutions that emphasize majority-group obligations appeal to racial justice as a holistic approach for racial healing and thus a necessary component in solving the problems of racial alienation. This chapter explores racial justice and its importance in eliminating racism in the United States. It also discusses the concept of white responsibility, antiracism, the deconstruction of whiteness, reparations, critical race theory, multiculturalism, Marxism, and Cornel West's book entitled Race Matters (2001).Less
For the scholars who disagree with the solutions put forward in the previous chapter, it is whites who must dismantle the racialized society. But since the majority group benefits from the racialized society, why would it be willing to work against its own racial advantage? From a utilitarian premise, no real reason exists for individuals in the majority group to want change the racial status quo. Another persistent problem for those advocating majority-group obligations is that past racial discrimination was quite blatant and easy to see. Advocates of racial solutions that emphasize majority-group obligations appeal to racial justice as a holistic approach for racial healing and thus a necessary component in solving the problems of racial alienation. This chapter explores racial justice and its importance in eliminating racism in the United States. It also discusses the concept of white responsibility, antiracism, the deconstruction of whiteness, reparations, critical race theory, multiculturalism, Marxism, and Cornel West's book entitled Race Matters (2001).
Tim Fulford
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780199273379
- eISBN:
- 9780191706332
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199273379.003.0005
- Subject:
- Literature, 19th-century Literature and Romanticism
This chapter focuses on white theories about the racial and cultural origin of Indians.
This chapter focuses on white theories about the racial and cultural origin of Indians.
Neil Duxbury
- Published in print:
- 1997
- Published Online:
- March 2012
- ISBN:
- 9780198264910
- eISBN:
- 9780191682865
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198264910.003.0007
- Subject:
- Law, Philosophy of Law
This chapter argues that critical legal studies in the United States have clear connections with the realist jurisprudential tradition. It addresses as especially interesting the ways in which ...
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This chapter argues that critical legal studies in the United States have clear connections with the realist jurisprudential tradition. It addresses as especially interesting the ways in which critical legal studies, like legal realism itself, has been dismissed as a jurisprudence without a conclusion. It ends in the outgrowths from critical legal studies—particularly in feminist jurisprudential literature and in critical race theory—that discover American legal theorists at last moving beyond realist and critical legal thought in ways which do not entail the basic appeal to consensus which is evident in the law and economics and process traditions. The emergence of critical legal studies is presented. In addition, a discussion on the jurisprudence of the 1980s is given. Feminist jurisprudence and critical race theory may be read as a call for an end to the quest for consensus.Less
This chapter argues that critical legal studies in the United States have clear connections with the realist jurisprudential tradition. It addresses as especially interesting the ways in which critical legal studies, like legal realism itself, has been dismissed as a jurisprudence without a conclusion. It ends in the outgrowths from critical legal studies—particularly in feminist jurisprudential literature and in critical race theory—that discover American legal theorists at last moving beyond realist and critical legal thought in ways which do not entail the basic appeal to consensus which is evident in the law and economics and process traditions. The emergence of critical legal studies is presented. In addition, a discussion on the jurisprudence of the 1980s is given. Feminist jurisprudence and critical race theory may be read as a call for an end to the quest for consensus.
Sora Y. Han
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780804789110
- eISBN:
- 9780804795012
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804789110.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book offers original readings of the ideal of colorblindness in canonical cases to the critical study of race and law. It does this by deconstructing and tracing colorblindness as a fantasmatic ...
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This book offers original readings of the ideal of colorblindness in canonical cases to the critical study of race and law. It does this by deconstructing and tracing colorblindness as a fantasmatic core around which law enforces classic principles of American democracy – including, equal protection, citizenship, personal privacy, and freedom of expression. This fantasmatic core, variously materialized in the formal literary structure of universal legal reason, reveals how racial slavery continues to haunt American democracy. This reading of colorblindness critically revises current debates that generally take the contemporary “post-civil rights” moment as an incontrovertible sign of colorblindness’s hegemony. Arguing that colorblindness is more than the law’s failed recognitions of the social reality of racial inequality, or a structure of the law’s formal function as objective arbiter of political struggles, the book moves beyond these constructivist and historicist discussions to explore colorblindness as the symptomatic production of law around the Real of racial slavery and black freedom struggle. Opening up a space to encounter the many instances of the continued arrival of the Real of race in law’s language, this book argues that the black radical tradition’s questions of abolition and freedom continue to be essential for developing a critical knowledge of race and law.Less
This book offers original readings of the ideal of colorblindness in canonical cases to the critical study of race and law. It does this by deconstructing and tracing colorblindness as a fantasmatic core around which law enforces classic principles of American democracy – including, equal protection, citizenship, personal privacy, and freedom of expression. This fantasmatic core, variously materialized in the formal literary structure of universal legal reason, reveals how racial slavery continues to haunt American democracy. This reading of colorblindness critically revises current debates that generally take the contemporary “post-civil rights” moment as an incontrovertible sign of colorblindness’s hegemony. Arguing that colorblindness is more than the law’s failed recognitions of the social reality of racial inequality, or a structure of the law’s formal function as objective arbiter of political struggles, the book moves beyond these constructivist and historicist discussions to explore colorblindness as the symptomatic production of law around the Real of racial slavery and black freedom struggle. Opening up a space to encounter the many instances of the continued arrival of the Real of race in law’s language, this book argues that the black radical tradition’s questions of abolition and freedom continue to be essential for developing a critical knowledge of race and law.
Henrice Altink
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781789620009
- eISBN:
- 9781789623697
- Item type:
- chapter
- Publisher:
- Liverpool University Press
- DOI:
- 10.3828/liverpool/9781789620009.003.0001
- Subject:
- History, Social History
The introduction sets out the main research questions and argument and places the book within the historical and historiographical context. It also reflects on the source material used and the ...
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The introduction sets out the main research questions and argument and places the book within the historical and historiographical context. It also reflects on the source material used and the methodology and theoretical framework adopted, and ends with a summary of the chapters.Less
The introduction sets out the main research questions and argument and places the book within the historical and historiographical context. It also reflects on the source material used and the methodology and theoretical framework adopted, and ends with a summary of the chapters.
Olav Njølstad
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199666430
- eISBN:
- 9780191745607
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199666430.003.0010
- Subject:
- Political Science, International Relations and Politics
This chapter addresses the development of the arms race and how we think about it. It consists of three parts. In part one, the author argues that there is an emerging consensus among the students of ...
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This chapter addresses the development of the arms race and how we think about it. It consists of three parts. In part one, the author argues that there is an emerging consensus among the students of arms races on three important points: arms races are caused primarily by inter-state rivalry, are not self-sustained processes immune to political direction, and cannot be either sufficient or necessary causes of war. Part two is devoted to the questions of whether the Cold War was essentially an arms race and, if not, what the US-Soviet military competition was actually about. Finally, in part three, the apparent fading role of arms races in the post-Cold War era is discussed. It is argued that the picture is probably not as bright as it appears to be because inter-state rivalry may no longer be the crucial factor to look for as far as arms races is concerned.Less
This chapter addresses the development of the arms race and how we think about it. It consists of three parts. In part one, the author argues that there is an emerging consensus among the students of arms races on three important points: arms races are caused primarily by inter-state rivalry, are not self-sustained processes immune to political direction, and cannot be either sufficient or necessary causes of war. Part two is devoted to the questions of whether the Cold War was essentially an arms race and, if not, what the US-Soviet military competition was actually about. Finally, in part three, the apparent fading role of arms races in the post-Cold War era is discussed. It is argued that the picture is probably not as bright as it appears to be because inter-state rivalry may no longer be the crucial factor to look for as far as arms races is concerned.
Chris Gilligan
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780719086526
- eISBN:
- 9781526128621
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719086526.003.0003
- Subject:
- Sociology, Race and Ethnicity
Beginning in the 1960s the UK government has developed the policy area of ‘race relations’. This chapter examines the intellectual antecedents of this policy area from its initial development in the ...
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Beginning in the 1960s the UK government has developed the policy area of ‘race relations’. This chapter examines the intellectual antecedents of this policy area from its initial development in the USA at the end of the First World War, through its internationalisation after the Second World War (via the United Nations), to its place in UK ‘race relations’ policy. The chapter also outlines some of the key features of Race Relations theory and policy.Less
Beginning in the 1960s the UK government has developed the policy area of ‘race relations’. This chapter examines the intellectual antecedents of this policy area from its initial development in the USA at the end of the First World War, through its internationalisation after the Second World War (via the United Nations), to its place in UK ‘race relations’ policy. The chapter also outlines some of the key features of Race Relations theory and policy.
Katy L. Chiles
- Published in print:
- 2014
- Published Online:
- January 2014
- ISBN:
- 9780199313501
- eISBN:
- 9780199350728
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199313501.001.0001
- Subject:
- Literature, American, 18th Century and Early American Literature
Racial thought at the close of the eighteenth century differed radically from that of the nineteenth century, when the concept of race as a fixed biological category would emerge. Instead, many early ...
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Racial thought at the close of the eighteenth century differed radically from that of the nineteenth century, when the concept of race as a fixed biological category would emerge. Instead, many early Americans thought that race was an exterior bodily trait, incrementally produced by environmental factors, and continuously subject to change. While historians have documented aspects of eighteenth-century racial thought, Transformable Race is the first scholarly book that identifies how this thinking informs the figurative language in the literature of this crucial period. It argues that the notion of transformable race structured how early American texts portrayed the formation of racial identities. Examining figures such as Phillis Wheatley, Benjamin Franklin, Samson Occom, and Charles Brockden Brown, Transformable Race demonstrates how these authors used language emphasizing or questioning the potential malleability of physical features to explore the construction of racial categories. For early American studies, this project replaces prevailing critical race frameworks particular to later periods with one more fitting for early America. In critical race studies, this book illuminates how in this early literature identities take form through one’s potential to transform from one race into another. Transformable Race posits a historically specific, transformational model of critical race theory that refigures our understanding of racialization in early American literature and, in turn, offers critical race studies a new way of understanding racial formation.Less
Racial thought at the close of the eighteenth century differed radically from that of the nineteenth century, when the concept of race as a fixed biological category would emerge. Instead, many early Americans thought that race was an exterior bodily trait, incrementally produced by environmental factors, and continuously subject to change. While historians have documented aspects of eighteenth-century racial thought, Transformable Race is the first scholarly book that identifies how this thinking informs the figurative language in the literature of this crucial period. It argues that the notion of transformable race structured how early American texts portrayed the formation of racial identities. Examining figures such as Phillis Wheatley, Benjamin Franklin, Samson Occom, and Charles Brockden Brown, Transformable Race demonstrates how these authors used language emphasizing or questioning the potential malleability of physical features to explore the construction of racial categories. For early American studies, this project replaces prevailing critical race frameworks particular to later periods with one more fitting for early America. In critical race studies, this book illuminates how in this early literature identities take form through one’s potential to transform from one race into another. Transformable Race posits a historically specific, transformational model of critical race theory that refigures our understanding of racialization in early American literature and, in turn, offers critical race studies a new way of understanding racial formation.
Angelina E. Castagno
- Published in print:
- 2014
- Published Online:
- August 2015
- ISBN:
- 9780816681631
- eISBN:
- 9781452948645
- Item type:
- book
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816681631.001.0001
- Subject:
- Education, Secondary Education
Educators across the nation are engaged in well-meaning efforts to address diversity in schools given the current context of NCLB, Race to the Top, and the associated pressures of standardization and ...
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Educators across the nation are engaged in well-meaning efforts to address diversity in schools given the current context of NCLB, Race to the Top, and the associated pressures of standardization and accountability. Through rich ethnographic accounts of teachers in two demographically different secondary schools in the same urban district, this book investigates how whiteness operates in ways that thwart (and sometimes co-opt) even the best intentions and common sense—thus resulting in educational policies and practices that reinforce the status quo and protect whiteness rather than working towards greater equity. Whereas most discussions of the education of diverse students focus on the students and families themselves, the emphasis in this book is on structural and ideological mechanisms of whiteness. Whiteness maintains dominance and inequity by perpetuating and legitimating the status quo while simultaneously maintaining a veneer of neutrality, equality, and compassion. Framed by Critical Race Theory and Whiteness Studies, this book employs concepts like interest convergence, a critique of liberalism, and the possessive investment in whiteness to better understand diversity-related educational policy and practice. Although in theory most diversity-related educational policies and practices promise to bring about greater equity, too often in practice they actually maintain, legitimate, and thus perpetuate whiteness. This book not only sheds light on this disconnect between the promises and practices of diversity-related initiatives, but also provides some understanding of why the disconnect persists.Less
Educators across the nation are engaged in well-meaning efforts to address diversity in schools given the current context of NCLB, Race to the Top, and the associated pressures of standardization and accountability. Through rich ethnographic accounts of teachers in two demographically different secondary schools in the same urban district, this book investigates how whiteness operates in ways that thwart (and sometimes co-opt) even the best intentions and common sense—thus resulting in educational policies and practices that reinforce the status quo and protect whiteness rather than working towards greater equity. Whereas most discussions of the education of diverse students focus on the students and families themselves, the emphasis in this book is on structural and ideological mechanisms of whiteness. Whiteness maintains dominance and inequity by perpetuating and legitimating the status quo while simultaneously maintaining a veneer of neutrality, equality, and compassion. Framed by Critical Race Theory and Whiteness Studies, this book employs concepts like interest convergence, a critique of liberalism, and the possessive investment in whiteness to better understand diversity-related educational policy and practice. Although in theory most diversity-related educational policies and practices promise to bring about greater equity, too often in practice they actually maintain, legitimate, and thus perpetuate whiteness. This book not only sheds light on this disconnect between the promises and practices of diversity-related initiatives, but also provides some understanding of why the disconnect persists.
Roy L. Brooks
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780300223309
- eISBN:
- 9780300227611
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300223309.003.0003
- Subject:
- Sociology, Race and Ethnicity
This chapter focuses on the socio-legal race problem; namely juridical subordination. The Supreme Court engages in this form of racial subordination when its rulings freeze or impede racial progress ...
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This chapter focuses on the socio-legal race problem; namely juridical subordination. The Supreme Court engages in this form of racial subordination when its rulings freeze or impede racial progress for the sake of pursuing a nonracist, competing interest. Juridical subordination most often occurs today in the name of racial progress; in other words, when the Court’s vindication of a black equality norm (such as racial omission or racial integration) in reality inhibits black advancement. Since the end of Jim Crow, the black equality interest has been defined in ways that compete not only with the civil-rights-era norms but with other legitimate norms. Focusing on cases involving antidiscrimination law and racial preference (or affirmative action) law, this chapter illustrates how the Court can avoid juridical subordination in its civil rights cases.Less
This chapter focuses on the socio-legal race problem; namely juridical subordination. The Supreme Court engages in this form of racial subordination when its rulings freeze or impede racial progress for the sake of pursuing a nonracist, competing interest. Juridical subordination most often occurs today in the name of racial progress; in other words, when the Court’s vindication of a black equality norm (such as racial omission or racial integration) in reality inhibits black advancement. Since the end of Jim Crow, the black equality interest has been defined in ways that compete not only with the civil-rights-era norms but with other legitimate norms. Focusing on cases involving antidiscrimination law and racial preference (or affirmative action) law, this chapter illustrates how the Court can avoid juridical subordination in its civil rights cases.
Chris Gilligan
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780719086526
- eISBN:
- 9781526128621
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719086526.003.0005
- Subject:
- Sociology, Race and Ethnicity
This chapter draws on the work of Karl Marx to critique the Race Relations approach. The author argues that conventional social science (which underpins Race Relations theory) is, in its ...
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This chapter draws on the work of Karl Marx to critique the Race Relations approach. The author argues that conventional social science (which underpins Race Relations theory) is, in its methodological approach to understanding the world, inherently elitist. This is so because it artificially separates understanding the world (theory) and acting in the world (practice) and because it allocates a special role to experts. Race Relations theory and practice tends to view ordinary people as inclined towards racism and allocates a special role to enlightened experts in tackling racisms.Less
This chapter draws on the work of Karl Marx to critique the Race Relations approach. The author argues that conventional social science (which underpins Race Relations theory) is, in its methodological approach to understanding the world, inherently elitist. This is so because it artificially separates understanding the world (theory) and acting in the world (practice) and because it allocates a special role to experts. Race Relations theory and practice tends to view ordinary people as inclined towards racism and allocates a special role to enlightened experts in tackling racisms.
Nicola Lacey
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199260911
- eISBN:
- 9780191698699
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199260911.003.0002
- Subject:
- Law, Human Rights and Immigration
It would be a misconception to believe that legal feminism as an idea came about only in the late 20th century. Issues regarding feminist thought have for a very long time been issues of great ...
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It would be a misconception to believe that legal feminism as an idea came about only in the late 20th century. Issues regarding feminist thought have for a very long time been issues of great concern. In the context of law, modern feminist texts today encompass arguments for the rights of women and the achievement of equal political and legal status that were advocated as early as the 18th century. This chapter examines the relationship between modern campaigns and the feminist analyses of law which attempts to utilize human rights codes in obtaining equality, autonomy, and justice for women. The chapter identifies some of the different methods that have been developed within feminist legal theory such as liberalism. It also discusses various issues that are brought up within this context. The chapter also explores the feminist critiques that involve theories of political and legal rights, and investigates the models that are developed along with critical race theory that intend to provide better reconstructions of these rights.Less
It would be a misconception to believe that legal feminism as an idea came about only in the late 20th century. Issues regarding feminist thought have for a very long time been issues of great concern. In the context of law, modern feminist texts today encompass arguments for the rights of women and the achievement of equal political and legal status that were advocated as early as the 18th century. This chapter examines the relationship between modern campaigns and the feminist analyses of law which attempts to utilize human rights codes in obtaining equality, autonomy, and justice for women. The chapter identifies some of the different methods that have been developed within feminist legal theory such as liberalism. It also discusses various issues that are brought up within this context. The chapter also explores the feminist critiques that involve theories of political and legal rights, and investigates the models that are developed along with critical race theory that intend to provide better reconstructions of these rights.
Halina Goldberg
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195130737
- eISBN:
- 9780199867424
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195130737.003.0001
- Subject:
- Music, History, Western
The introductory chapter examines the historiography of Chopin's Warsaw. Special attention is given to the effects of the Romantic, nationalist, racial, and communist ideologies on previous ...
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The introductory chapter examines the historiography of Chopin's Warsaw. Special attention is given to the effects of the Romantic, nationalist, racial, and communist ideologies on previous scholarship, as well as the marginalization of Polish culture by foreign scholars, especially Frederick Niecks. Reasons for the need to re-examine and reassess Warsaw's musical and intellectual environment in the early 19th century and its impact on Chopin's oeuvre are provided. These include the need to understand better his multi-ethnic environment, the nature of popular musical genres, and the impact salon culture had on Chopin's music.Less
The introductory chapter examines the historiography of Chopin's Warsaw. Special attention is given to the effects of the Romantic, nationalist, racial, and communist ideologies on previous scholarship, as well as the marginalization of Polish culture by foreign scholars, especially Frederick Niecks. Reasons for the need to re-examine and reassess Warsaw's musical and intellectual environment in the early 19th century and its impact on Chopin's oeuvre are provided. These include the need to understand better his multi-ethnic environment, the nature of popular musical genres, and the impact salon culture had on Chopin's music.
Teresa C. Zackodnik
- Published in print:
- 2010
- Published Online:
- March 2014
- ISBN:
- 9781604735543
- eISBN:
- 9781604730579
- Item type:
- chapter
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781604735543.003.0002
- Subject:
- History, African-American History
This chapter examines judicial decisions regarding racial identity, from anti-miscegenation laws in the colonial period to segregation cases in the mid-twentieth-century, in the context of Pierre ...
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This chapter examines judicial decisions regarding racial identity, from anti-miscegenation laws in the colonial period to segregation cases in the mid-twentieth-century, in the context of Pierre Bourdieu’s notion of “the force of law.” It considers how critical race theory has tended to focus on miscegenation statutes to argue that “mixed-race” individuals have threatened, yet ultimately come to be contained by, racial definitions designed to secure whiteness as an untainted and inviolable identity. By determining the racial identity of both plaintiffs and defendants, it shows how the law and science were mutually constitutive as they informed and were informed by a larger American racial imaginary that included black intellectual thought. The chapter also explores how the legal system was reinforced by the nineteenth-century mania for classification and concludes with a discussion of how the figure of the mulatta is repeatedly called to function as a racial borderland that delimits both whiteness and blackness.Less
This chapter examines judicial decisions regarding racial identity, from anti-miscegenation laws in the colonial period to segregation cases in the mid-twentieth-century, in the context of Pierre Bourdieu’s notion of “the force of law.” It considers how critical race theory has tended to focus on miscegenation statutes to argue that “mixed-race” individuals have threatened, yet ultimately come to be contained by, racial definitions designed to secure whiteness as an untainted and inviolable identity. By determining the racial identity of both plaintiffs and defendants, it shows how the law and science were mutually constitutive as they informed and were informed by a larger American racial imaginary that included black intellectual thought. The chapter also explores how the legal system was reinforced by the nineteenth-century mania for classification and concludes with a discussion of how the figure of the mulatta is repeatedly called to function as a racial borderland that delimits both whiteness and blackness.
Martha Chamallas and Jennifer B. Wriggins
- Published in print:
- 2010
- Published Online:
- March 2016
- ISBN:
- 9780814716762
- eISBN:
- 9780814790069
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814716762.003.0002
- Subject:
- Law, Comparative Law
This chapter describes the book's “critical” approach to tort law, one that draws insights from feminist theory, critical race theory, and critical theory and differs from the two tort theories that ...
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This chapter describes the book's “critical” approach to tort law, one that draws insights from feminist theory, critical race theory, and critical theory and differs from the two tort theories that currently dominate the field: law and economics and corrective justice. It explains how this approach is influenced by the Legal Realist tradition in tort law and by the impact of the Restatement of Torts. It also considers the body of feminist and critical race scholarship that provides the main ingredients for this approach, as well as existing critical torts scholarship focused on gender and race. The chapter concludes by commenting on the arguments of “pluralist” scholars, who reject the quest for a unified theory of torts and praise the historical capacity of tort law to transform itself by incorporating concepts, principles, and norms from other areas of law.
Less
This chapter describes the book's “critical” approach to tort law, one that draws insights from feminist theory, critical race theory, and critical theory and differs from the two tort theories that currently dominate the field: law and economics and corrective justice. It explains how this approach is influenced by the Legal Realist tradition in tort law and by the impact of the Restatement of Torts. It also considers the body of feminist and critical race scholarship that provides the main ingredients for this approach, as well as existing critical torts scholarship focused on gender and race. The chapter concludes by commenting on the arguments of “pluralist” scholars, who reject the quest for a unified theory of torts and praise the historical capacity of tort law to transform itself by incorporating concepts, principles, and norms from other areas of law.
Martha Chamallas and Jennifer B. Wriggins
- Published in print:
- 2010
- Published Online:
- March 2016
- ISBN:
- 9780814716762
- eISBN:
- 9780814790069
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814716762.003.0002
- Subject:
- Law, Comparative Law
This chapter describes the book's “critical” approach to tort law, one that draws insights from feminist theory, critical race theory, and critical theory and differs from the two tort theories that ...
More
This chapter describes the book's “critical” approach to tort law, one that draws insights from feminist theory, critical race theory, and critical theory and differs from the two tort theories that currently dominate the field: law and economics and corrective justice. It explains how this approach is influenced by the Legal Realist tradition in tort law and by the impact of the Restatement of Torts. It also considers the body of feminist and critical race scholarship that provides the main ingredients for this approach, as well as existing critical torts scholarship focused on gender and race. The chapter concludes by commenting on the arguments of “pluralist” scholars, who reject the quest for a unified theory of torts and praise the historical capacity of tort law to transform itself by incorporating concepts, principles, and norms from other areas of law.Less
This chapter describes the book's “critical” approach to tort law, one that draws insights from feminist theory, critical race theory, and critical theory and differs from the two tort theories that currently dominate the field: law and economics and corrective justice. It explains how this approach is influenced by the Legal Realist tradition in tort law and by the impact of the Restatement of Torts. It also considers the body of feminist and critical race scholarship that provides the main ingredients for this approach, as well as existing critical torts scholarship focused on gender and race. The chapter concludes by commenting on the arguments of “pluralist” scholars, who reject the quest for a unified theory of torts and praise the historical capacity of tort law to transform itself by incorporating concepts, principles, and norms from other areas of law.
James Edward Ford III
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780823286904
- eISBN:
- 9780823288939
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823286904.003.0007
- Subject:
- Sociology, Race and Ethnicity
Thinking Through Crisis argues for the 1930s as a crucial instance of black writing that rethinks the agency irrupting from traumatization. Ford seeks to recalibrate cultural theory’s relation to the ...
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Thinking Through Crisis argues for the 1930s as a crucial instance of black writing that rethinks the agency irrupting from traumatization. Ford seeks to recalibrate cultural theory’s relation to the practical, exploring the relation between theory and practice by focusing on the work of Barbara Christian and Hortense Spillers.Less
Thinking Through Crisis argues for the 1930s as a crucial instance of black writing that rethinks the agency irrupting from traumatization. Ford seeks to recalibrate cultural theory’s relation to the practical, exploring the relation between theory and practice by focusing on the work of Barbara Christian and Hortense Spillers.
Ann C. McGinley and Frank Rudy Cooper
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814764039
- eISBN:
- 9780814764046
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814764039.003.0014
- Subject:
- Law, Family Law
This introductory chapter sets out the book's purpose, namely to explore a new school of legal thought: multidimensional masculinities theory. It attempts to provide a deeper understanding of how ...
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This introductory chapter sets out the book's purpose, namely to explore a new school of legal thought: multidimensional masculinities theory. It attempts to provide a deeper understanding of how gender, race, national origin, religion, sexual orientation, class, and other identity factors are present yet often invisible in legal theory and doctrine. Multidimensional masculinities theory of law derives from feminist theory, feminist legal theory, and critical race theory (especially critical race feminism, as influenced by queer theory). It argues that we must always consider gender, race, class, and other identities, as well as shift lenses to put the primary focus on a particular identity that is foregrounded in that cultural context. Multidimensional masculinities theory thus explores how particular concepts of masculinity are used to produce power in different ways, depending on what other categories of identity they interact with, and in what cultural context. The remainder of the chapter discusses the emergence of multidimensional masculinities theory and where the new discipline of Multidimensional Masculinities and Law may be headed. An overview of the subsequent chapters is also presented.Less
This introductory chapter sets out the book's purpose, namely to explore a new school of legal thought: multidimensional masculinities theory. It attempts to provide a deeper understanding of how gender, race, national origin, religion, sexual orientation, class, and other identity factors are present yet often invisible in legal theory and doctrine. Multidimensional masculinities theory of law derives from feminist theory, feminist legal theory, and critical race theory (especially critical race feminism, as influenced by queer theory). It argues that we must always consider gender, race, class, and other identities, as well as shift lenses to put the primary focus on a particular identity that is foregrounded in that cultural context. Multidimensional masculinities theory thus explores how particular concepts of masculinity are used to produce power in different ways, depending on what other categories of identity they interact with, and in what cultural context. The remainder of the chapter discusses the emergence of multidimensional masculinities theory and where the new discipline of Multidimensional Masculinities and Law may be headed. An overview of the subsequent chapters is also presented.
Christopher Hutton
- Published in print:
- 2009
- Published Online:
- September 2012
- ISBN:
- 9780748633500
- eISBN:
- 9780748671489
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748633500.003.0002
- Subject:
- Linguistics, Applied Linguistics and Pedagogy
This chapter offers a brief introduction to topics and approaches in legal theory and language. It offers a critical summary of the differences between natural law and legal positivism, describes in ...
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This chapter offers a brief introduction to topics and approaches in legal theory and language. It offers a critical summary of the differences between natural law and legal positivism, describes in outline the formalist position as opposed to the realist, summarizes the idea of the rule of law in liberal ideology, and shows how this idea of the relative autonomy of the legal system and legal language comes under attack in radical approaches to law. It then looks at how the law and economics framework might deal with linguistic questions, and contrasts the different understanding of law and language in Luhmann and Habermas. The fundamental issue at stake is the notion of law's autonomy.Less
This chapter offers a brief introduction to topics and approaches in legal theory and language. It offers a critical summary of the differences between natural law and legal positivism, describes in outline the formalist position as opposed to the realist, summarizes the idea of the rule of law in liberal ideology, and shows how this idea of the relative autonomy of the legal system and legal language comes under attack in radical approaches to law. It then looks at how the law and economics framework might deal with linguistic questions, and contrasts the different understanding of law and language in Luhmann and Habermas. The fundamental issue at stake is the notion of law's autonomy.
Rachel C. Lee
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9781479817719
- eISBN:
- 9781479813742
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479817719.003.0007
- Subject:
- Society and Culture, Asian Studies
This chapter offers propositions that grow out of the way in which familiar theories of race take on new forms when cross-pollinated with ascendant biopolitical regimes. These familiar theories are ...
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This chapter offers propositions that grow out of the way in which familiar theories of race take on new forms when cross-pollinated with ascendant biopolitical regimes. These familiar theories are (1) the labor theory of race, (2) the necropolitical theory of race, (3) the psychic life of racial projection, (4) racial minoritization as it relates to zoe/“bare life,” (5) racial critique forwarded through aesthetic forms, and (6) the worry and hope over racial distinction overridden by commonality of species. The propositions are hypotheses and invitations for further dialogue and discussion rather than established theories as of yet. The chapter concludes with a brief foray into the styling of this project on the surrealist figure of the exquisite corpse.Less
This chapter offers propositions that grow out of the way in which familiar theories of race take on new forms when cross-pollinated with ascendant biopolitical regimes. These familiar theories are (1) the labor theory of race, (2) the necropolitical theory of race, (3) the psychic life of racial projection, (4) racial minoritization as it relates to zoe/“bare life,” (5) racial critique forwarded through aesthetic forms, and (6) the worry and hope over racial distinction overridden by commonality of species. The propositions are hypotheses and invitations for further dialogue and discussion rather than established theories as of yet. The chapter concludes with a brief foray into the styling of this project on the surrealist figure of the exquisite corpse.
